News & Analysis as of

Wine & Alcohol

New Jersey Alcoholic Beverage Bills to Watch 2018 – Part 1: Craft Distillers

As the new legislative session started in New Jersey, a number of bills concerning alcoholic beverages were introduced (or re-introduced). In this multi-part series, we highlight some of the bills to keep an eye on to see if...more

District Court Issues Opinion in Old Charter Bourbon False Advertising Class Action

by McDermott Will & Emery on

On February 5, 2018, the US District Court for the Eastern District of Missouri issued an opinion in one of the many false advertising class actions brought against the industry in the past five years....more

President’s FY 2019 Budget Would Give TTB Criminal Authority over Alcohol

by McDermott Will & Emery on

Earlier this week the Trump Administration presented its Fiscal Year 2019 Budget Proposal. While many portions of a president’s proposed budget do not get enacted, such proposals provide insight into the thinking of the...more

Sour Grapes At Southold Town Board Meeting: Proposed Regulations Aimed At Wineries Go Back To The Drawing Board

by Farrell Fritz, P.C. on

At its December 5, 2017 meeting, the Town Board of the Town of Southold (“Town Board”) was hit with a tidal wave of opposition to changes the Board was considering to the Town’s Zoning Code with respect to wineries. The...more

More Time For Travelers to Get a Drink at Some NJ Airports

Although this change admittedly will impact few industry members, we do our best to keep you up to date on any and all changes to New Jersey’s alcoholic beverage laws. In early January 2018, the New Jersey Legislature...more

Additional Rum Cover Over for Puerto Rico and the US Virgin Islands Approved in 2018 Budget Legislation

by McDermott Will & Emery on

On February 9, 2018, both houses of Congress approved the “Bipartisan Budget Act of 2018,” complex legislation that includes important modifications to an arcane law known as the “rum cover over,” which is an important...more

New York is Proposing Changes to its Alcohol Licensing Rules

by Hodgson Russ LLP on

As part of the Governor’s Budget Proposal, several changes are proposed for Alcohol Producers and sellers....more

Wine Wars: Australia takes Canada to WTO Alleging Discriminatory Rules Governing Wine Sales

by Kelley Drye & Warren LLP on

On January 12, 2018, Australia brought a historical first WTO trade dispute against Canada. The request for consultations alleges that the Canadian Government and the Canadian provinces of British Columbia (“B.C.”), Ontario,...more

New Jersey Legislature Looks To Loosen Reigns On Craft Breweries

by Cole Schotz on

Cheers! New Jersey’s Agricultural and Natural Resources Committee voted 5-0 last week in favor of bill A2196. The bill is designed, among other things, to eliminate the current “mandatory tour” obligation imposed upon New...more

Additional TTB Tax Act Guidance

by McDermott Will & Emery on

On Thursday evening, February 1, the Alcohol and Tobacco Tax and Trade Bureau (TTB) released additional FAQ guidance on the alcohol excise tax provisions of the 2018 tax reform (the Tax Act)....more

Circuit Says “I’ll Drink To That,” Grants Defendant’s Appeal Challenging Alcohol-Ban Condition of Supervised Release

In United States v. Betts (No. 17-231), the Court (Leval, Calabresi, Cabranes) vacated by summary order the imposition of a special condition of supervised release prohibiting the consumption of alcohol by a defendant whose...more

Proposed Amendment To New York Alcoholic Beverage Control Law Affects Hotels In State

by Jackson Lewis P.C. on

New York Governor Andrew Cuomo has proposed language in his budget amending the definition of a “Hotel” under the state Alcoholic Beverage Control (“ABC”) Law Section 3(14) to eliminate the requirement for hotels to have a...more

Proposed Clark County Business License Ordinances – Taverns and Gaming License

Significant changes are under consideration by Clark County Business License to Clark County Code Title 8 (liquor and gaming licensing procedures) that may be of interest. Please see full Alert below for more information....more

Food & Beverage Litigation Update | January 2018 #3

House Panel Questions FDA Officials on Food-Recall Audit - One day after the U.S. Food and Drug Administration (FDA) issued draft guidance on proposals to expedite product warnings and recalls, FDA and other health...more

Alcohol Task Force Releases Final Report

The Task Force that Massachusetts Treasurer Deborah Goldberg commissioned to review the alcohol industry in the Commonwealth issued its final report on December 27, 2017. The Task Force, which Goldberg convened on February...more

FDA Releases Draft Guidance on Public Warnings and Notifications of Recalls

by McDermott Will & Emery on

The Food and Drug Administration (FDA) recently issued a draft guidance on the agency’s voluntary recall process and announced the agency’s intention to notify the public faster when a product is recalled. The guidance aims...more

Your Daily Dose of Financial News

by Robins Kaplan LLP on

Daniel Loeb and his Third Point fund is pushing Nestle—despite its recent sale of its US confectionary business to Italy’s Ferrero for $2.8 billion last week—to make further changes, including dropping its stake in cosmetics...more

Craft Beer Branding

by Field Law on

In one of the more absurd episodes of bureaucratic overreach, craft brewer Stalwart Brewing Company ran into a regulatory headache when the LCBO raised concerns about the regulatory prohibition on health claims related to...more

Food & Ag Weekly Round-Up: January 2018 #3

by Husch Blackwell LLP on

- Food Dive discussed 2018 grocery tech trends. - Business Insider discussed McDonald’s sustainability efforts....more

TTB Gives Initial Guidance on Excise Tax Cuts

by Sherman & Howard L.L.C. on

The Alcohol and Tobacco Tax and Trade Bureau (TTB) has set up a Craft Beverage Modernization and Tax Reform website to provide industry members more information on how the TTB will implement portions of the Tax Cuts and Jobs...more

Cheers to Lifting Blue Laws on Pub Brewers

by Bowditch & Dewey on

Separation of church and state? Not so much when it comes to some liquor laws. For centuries, the so-called “blue laws” have placed restrictions on the sale of alcohol in Massachusetts. To be clear, the U.S. Supreme Court...more

Does California’s Alcoholic Beverage Control Act Provide an Independent Right to Terminate a Beer Distributor Agreement?

by Mulcahy LLP on

The recent case of Mission Beverage Company v. Pabst Brewing Company, 15 Cal.App.5th 686 (2017), explores whether California law provides an independent right to terminate a beer wholesaler’s distributor agreement and whether...more

Champagne for the New Year – Trademark or Geographic Indicator?

by Dorsey & Whitney LLP on

Did you celebrate with a sip of Champagne on New Year’s Eve? Champagne is not just a sparkly beverage consumed around the world, it also refers to the region in northeastern France where the drink originated....more

Tennessee Government Update

by Bass, Berry & Sims PLC on

The 210th General Assembly of the State of Tennessee reconvened on Tuesday, January 9, 2018, for the second year of the two-year session and the first year in their new legislative offices at the Cordell Hull Building. It is...more

Toasting Tax Reform’s Impact on Brewers, Vintners, Distillers and Distributors

by Burr & Forman on

In addition to the more publicized portions of the recent tax legislation, certain provisions also positively impact your favorite local craft brew, regional small batch wine or even a locally distilled alcoholic beverage....more

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