Marc Sorini

Marc E. Sorini concentrates on issues facing the alcohol beverage industry, with a particular focus on the supplier tier and non-beverage alcohol users. He heads the Firm's Alcohol Regulatory & Distribution Group and is recognized as one of the leading lawyers in his field. Read Marc Sorini's full bio.

Firm/Organization: McDermott Will & Emery

Blogs: Alcohol Law Advisor, Antitrust Alert, Employee Benefits Blog

Latest Articles

Alcohol Law Advisor

TTB Spring 2019 Updates to Semi-Annual Regulatory Agenda

By Marc Sorini on May 28, 2019

The spring edition of the federal government’s semi-annual Unified Agenda of Federal Regulatory and Deregulatory Actions (Regulatory Agenda) has been published. Like other federal agencies, the Alcohol and Tobacco Tax and Trade Bureau (TTB) uses the Regulatory Agenda to report on its current rulemaking projects. The Regulatory Agenda provides glimpses into TTB’s policy focus and aspirations. But, readers should recognize that TTB rulemaking moves very slowly, and the Agency often does not meet the aspirational…

Alcohol Law Advisor

Arbitration Clause in Beer Distribution Agreement Enforced by the Virginia ABC

By Marc Sorini & Daniel P. McGuire on May 20, 2019

On May 7, 2019, the Virginia Department of Alcoholic Beverage Control (VABC) published a decision confirming the enforceability of arbitration clauses in distribution agreements between brewers and beer distributors under Virginia’s Beer Franchise Act (BFA). In Loveland Distributing Co., Inc. and Premium of Virginia, LLC v. Bell’s Brewery, Inc., the VABC panel ruled unanimously in favor of compelling the parties to resolve their dispute through arbitration, as provided for in the parties’ distribution agreement (the…

Alcohol Law Advisor

TTB’s Take on Alcohol Beverages Infused with Cannabidiol

By Marc Sorini on April 29, 2019

On April 25, 2019, TTB published Industry Circular 2019-1. It addresses the hot topic of alcohol beverages (especially beer) infused with hemp-derived ingredients–with cannabidiol (CBD) as the clear focus of industry interest. While hardly surprising, the Industry Circular takes or reiterates the following positions: TTB will require a formula for any product containing a hemp-derived ingredient TTB will not approve a formula for any product containing a Schedule I controlled substance under the Controlled…

Alcohol Law Advisor

FDA Releases Warning Letters to CBD and Hemp Oil Companies

By Marc Sorini on April 9, 2019

Last week the Food & Drug Administration (FDA) made public three new warning letters to Cannabidiol (CBD) and hemp oil product companies sent by FDA and the Federal Trade Commission (FTC). FDA has previously targeted cannabis product companies. The new warning letters are consistent with FDA Commissioner Scott Gottlieb’s recent statements that the FDA will go after manufacturers of CBD products that make health and wellness claims that FDA views as egregious. For example, the…

Alcohol Law Advisor

FDA Issues Guidance on Hops and Wine Grapes

By Christopher M. Lahiff & Marc Sorini on April 5, 2019

The FDA recently issued Guidance announcing its decision to exercise enforcement discretion with regard to the Produce Safety Rule for entities growing, harvesting, packing or holding hops and wine grapes, as well as almonds and pulse crops (dry, edible seeds in the legume family harvested solely in dried form). More specifically, while the FDA considers rulemaking to address the unique circumstances of these four crops, the FDA does not expect entities growing, harvesting, packing or…

Alcohol Law Advisor

Washington Court of Appeals Upholds Multi-Million Dollar Fine for 5-Hour Energy Advertising Claims

By Marc Sorini & Gugan Kaur on April 4, 2019

On March 18, 2019, the Washington Court of Appeals upheld a trial court’s decision that three advertising campaigns for 5-Hour Energy® made by Living Essentials, LLP and Innovative Ventures, LLP (collectively, Living Essentials) violated the Washington Consumer Protection Act (CPA) by making deceptive advertising claims. Living Essentials makes and markets the energy drink 5-Hour Energy®. The three advertising claims at issue involve claims about the efficacy of the drink. Living Essentials claimed or implied that:…

Alcohol Law Advisor

FDA Announces Public Hearing on Products Containing Cannabis or Cannabis-Derived Compounds

By Marc Sorini & George Tzanetakos on April 3, 2019

On May 31, 2019, the Food and Drug Administration (FDA) will hold a public hearing on cannabis products. The hearing seeks to obtain scientific data on cannabis and cannabis-derived compounds, along with additional information regarding health and safety risks, manufacturing and product quality, marketing, labeling and the sale of such products. The FDA’s notice announcing the hearing recognizes that the regulatory landscape surrounding cannabis continues to evolve at both the federal and state levels. At…

Alcohol Law Advisor

District Court Decision Rejects Commerce Clause Challenge to Missouri’s Retailer Wine Shipping Laws

By Marc Sorini on April 1, 2019

On Friday, March 29, the US District Court for the Eastern District of Missouri handed down its decision in Sarasota Wine Market v. Parson, No. 4:17CV2792. The decision upholds Missouri’s laws permitting in-state retailers to sell and deliver directly to consumers’ homes, but withholding that same privilege to out-of-state retailers. Plaintiffs had challenged the Missouri statutes under both the so-called “dormant” Commerce Clause and the Privileges and Immunities Clause of the Federal Constitution. The…

Alcohol Law Advisor

The Future of Direct Shipping

By Marc Sorini & Bethany Hatef on March 25, 2019

In September 2018, the U.S. Supreme Court granted a petition for a writ of certiorari brought before the Court by the Tennessee Retailers in Tennessee Wine and Spirits Retailers Association v. Byrd. The petition requested that the Court review the lower court’s decision upholding a finding that Tennessee’s two-year residency requirement for retail license applicants is unconstitutional. Specifically, the question Tennessee retailers posed to the Court is whether the 21st Amendment of the U.S. Constitution…

Antitrust Alert

Second Circuit Rejects Total Wine Challenge of Connecticut Pricing Laws

By Will Diaz, Marc Sorini & Jonathan Ende on March 5, 2019

Last week, in Connecticut Fine Wine and Spirits LLC v. Seagull, the US Court of Appeals for the Second Circuit affirmed a lower court’s motion to dismiss a lawsuit from Total Wine & More challenging parts of Connecticut’s Liquor Control Act and related regulations. Though the decision represents a victory for state alcohol regulatory regimes, the Second Circuit’s ruling was decided on the basis of established antitrust law and did not raise or rely…

Marc Sorini

TTB Spring 2019 Updates to Semi-Annual Regulatory Agenda

Arbitration Clause in Beer Distribution Agreement Enforced by the Virginia ABC

TTB’s Take on Alcohol Beverages Infused with Cannabidiol

FDA Releases Warning Letters to CBD and Hemp Oil Companies

FDA Issues Guidance on Hops and Wine Grapes

Washington Court of Appeals Upholds Multi-Million Dollar Fine for 5-Hour Energy Advertising Claims

FDA Announces Public Hearing on Products Containing Cannabis or Cannabis-Derived Compounds

District Court Decision Rejects Commerce Clause Challenge to Missouri’s Retailer Wine Shipping Laws

The Future of Direct Shipping

Second Circuit Rejects Total Wine Challenge of Connecticut Pricing Laws

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