News & Analysis as of

Wine & Alcohol

TTB Announces Extension of Tax Credits for Wines Stored at Bonded Wine Cellars and Bonded Wineries

by McDermott Will & Emery on

On May 17, the Alcohol and Tobacco Tax and Trade Bureau (TTB) issued an Industry Circular, No. 2018-1A, clarifying that under the recently-enacted tax reform legislation (Tax Act), wineries may tax determine and tax pay wine...more

Expansion of TTB Wine Excise Tax Credit “Alternate Procedure”

by Davis Wright Tremaine LLP on

This advisory is an update to DWT’s prior advisory on the Tax Cuts and Jobs Act of 2017 (the “Act”), dated March 7, 2018. On May 17, 2018 the TTB formally expanded the use of the “alternate procedure” or “transfer by...more

TTB Extends Alternate Procedure For Excise Taxes Credits through 2019

Yesterday, May 17, 2018, TTB announced in Industry Circular 2018-1A that it is extending until December 31, 2019 the ”Alternate Procedure” under which wine producers can tax pay wine stored at bonded tax wine cellars (“BWC”)...more

A Prop. 65 Win for Winemakers: No Separate Warning Required for Inorganic Arsenic

The California Court of Appeal recently handed a victory to winemakers, ruling that a specific Proposition 65 (“Prop. 65”) warning is not required regarding the presence of inorganic arsenic. The lawsuit, Charles et al. v....more

Food & Beverage Litigation Update | May 2018 #2

FDA Issues Supplemental Guidance for Menu Nutrition Labels - The U.S. Food and Drug Administration (FDA) has announced the availability of “Menu Labeling: Supplemental Guidance for Industry,” which includes an advisory of...more

New York State Court Denies Motion To Enjoin Arbitration Of Non-Party To Arbitration

by Carlton Fields on

In this case, Royal Wine Corporation (“Royal”) moved for a preliminary injunction in a New York state court action to enjoin an arbitration filed by Cognac Ferrand SAS (“Cognac”), against Mystique Brands, LLC (“Mystique”)...more

Five Tips for Starting Your New Brewery

by Holland & Hart LLP on

So you decided to start a brewery—that’s awesome. You’re in good company. The number of craft breweries in the U.S. has ballooned in the past decade, growing 322% from 1,500+ in 2007 to almost 6,400 in 2017. Whether your...more

Food & Beverage Litigation Update | April 2018 #5

France Bans Meat and Dairy Terms for Plant-Based Foods - The French Parliament has reportedly voted to prohibit the use of meat and dairy terms to describe plant-based substitutes such as vegetarian sausage or vegan bacon....more

TTB Expands Allowable Changes to Labels without Resubmission, but Reminds us that One Label “Does Not (Necessarily) Fit All”

by Verrill Dana LLP on

Certificate of Label Approval (or COLA) can be one of the more frustrating processes for brewers. Each label must be approved by the Alcohol and Tobacco Tax and Trade Bureau (TTB). Once the COLA is issued, only certain,...more

Michigan Liquor Control Commission Rescinds Half-Mile Rule

by Fraser Trebilcock on

The State of Michigan voted earlier this year to rescind a longstanding Administrative Rule which prohibited liquor licensees from operating within a half-mile of another liquor licensee....more

Expanded Beer, Wine and Spirits Sale and Delivery Options in Michigan Now Include On-Line Purchases

by Varnum LLP on

If your on-line grocery list looks similar to my typical assortment of items, a snapshot would undoubtedly include eggs, pretzels, Twinkies (love those mysterious carb-filled creations!) and, if the list was generated post...more

The Trademark Trial And Appeal Board Announces A New Test For Comparing Standard Character Marks With Word & Design Marks

by Orrick - IP Landscape on

Order Affirming Refusal to Register, In re Aquitaine Wine USA, LLC, Serial No. 86928469 (TTAB Apr. 2, 2018) (Ritchie, Wolfson and Adlin) - The Federal Circuit left the following question open in its In re Viterra decision...more

Food & Beverage Litigation Update | April 2018 #2

China to Tariff U.S. Food Commodities - China has reportedly imposed tariffs on imports of U.S.-made agricultural products, including pork, soybeans, wheat, beef, orange juice, whiskey and corn, following the United...more

Restaurant Liquor License Requirements Relaxed for Parts of Downtown Orlando

On March 23, 2018, Governor Rick Scott signed House Bill 1447 into law, paving the way for easier access to alcoholic beverage licenses for restaurants located in certain parts of downtown Orlando....more

ABI/SAB Miller Deal: DOJ Clarifies Best Efforts Clause in Proposed Final Judgment

by McDermott Will & Emery on

As most members of the alcohol and beverage industry are aware, Anheuser-Busch InBev (ABI) acquired the global holdings of SABMiller in a more than $100 billion merger in October 2016. The Department of Justice (DOJ) required...more

FSMA Implementation Update (March 2018)

by Hogan Lovells on

There have been several recent developments regarding implementation of the FDA Food Safety Modernization Act (FSMA). The below post summarizes the following topics: - Guidance on application of the Foreign Supplier...more

Don't Let Your Marketing and Event Sponsorship Activities Run Afoul of California's Tied-House Prohibitions

by Mulcahy LLP on

The California Alcoholic Beverage Control Act (the “ABC Act”) established a three-tiered distribution system to regulate the production, distribution and retail sales of wine, beer, and spirits. In order to maintain a level...more

TTB Publishes Additional Tax Act Guidance on 5010 Wine and Flavor Credits

by McDermott Will & Emery on

On March 23, 2018, TTB published additional Tax Act guidance on its website. Three new clarifications address the interaction of the new Tax Act rates/credits with the wine and flavor credits available under 26 U.S.C. § 5010....more

Federal District Court Rejects Craft Brewers’ Equal Protection and Due Process Challenge of Texas’ Ban on Brewer Off-Premises...

by McDermott Will & Emery on

On March 20, 2018, a federal district court in Texas issued an opinion in Deep Ellum Brewing, LLC, et al. v. Texas Alcoholic Beverage Commission. The court delivered a blow to Texas craft brewers, upholding Texas’ prohibition...more

Does The California Department Of Alcoholic Beverage Control Have Exclusive Jurisdiction Over All Disputes Involving The Sale Of...

by Mulcahy LLP on

The Department of Alcoholic Beverage Control has the “exclusive power […] to license the manufacture, importation and sale of alcoholic beverages in this State.” The law expressly prohibits California trial courts from...more

New Jersey Alcoholic Beverage Bills to Watch 2018 – Part 2: Craft Breweries

Tours Before Pours? Under the current statute, craft breweries – those holding a limited brewery license – are required to give their customers a tour of the brewery before selling them drinks for on-site consumption (the...more

2018 Environmental Legislative Update No. 2

by Pullman & Comley, LLC on

Welcome to our Environmental Legislative Updates. Throughout Connecticut’s legislative session, these updates highlight developments concerning environmental law and policy. The author prepares updates as Legislative...more

The Tax Cuts and Jobs Act Impacts TTB Wine Tax Rates and Transfers of Excise Tax Credit

The Tax Cuts and Jobs Act (the “Act”) had significant impacts for the alcohol industry, including changes to tax credits and new taxpayer definitions. Because the Act became effective so quickly after passing, the TTB is...more

Steel and Aluminum Tariffs Could Impact U.S. Alcohol Beverage Producers

As has been widely reported, the President of the United States has proposed enacting steep tariffs on U.S. imports of steel and aluminum. These tariffs could both directly impact U.S. alcohol beverage products that use those...more

TTB Issues Further Alcohol Excise Tax Guidance

by McDermott Will & Emery on

On Friday, March 2, 2018, Alcohol and Tobacco Tax and Trade Bureau (TTB) issued its next round of guidance concerning the alcohol excise tax provisions of the recently enacted tax law (Tax Act). TTB has not yet addressed some...more

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