Lehrman Beverage Law, PLLC

Lehrman Beverage Law, PLLC is a law firm specializing in the regulation of a wide array of beverages under a broad array of rules and regulations. These beverages mainly include wine, distilled spirits, kombucha, and malt beverages. The firm also devotes substantial attention to trademarks, non-alcoholic beverages and non-beverage foods.

Lehrman Beverage Law, PLLC Blogs

Latest from Lehrman Beverage Law, PLLC

by Robert C. Lehrman on May 30, 2019 TTB proposed to modernize the beer, wine and spirits labeling rules in late 2018, in a sweeping 132 page document. I thought it may be useful to take one narrow provision at a time, and compare the old version to the new, proposed version. Today I will look at the long-time restriction on describing spirits as “pure.” The old version of the rule is at left,…
by Frank Knizner on May 6, 2019 Last Thursday (May 2, 2019), the USPTO issued Guidance for the examination of trademark applications for hemp and cannabidiol (“CBD”) containing goods. The guidance comes after the enactment of the 2018 Farm Bill, which exempted hemp (i.e., cannabis sativa L. with a delta-9-tetrahydrocannabinol (“THC”) concentration of not more than .3% on a dry weight basis) and its constituents (e.g., CBD) from the definition of “Marihuana” [sic] in the…
by Robert C. Lehrman on February 1, 2019 TTB yesterday put out a “Message to Industry” about label, permit and other backlogs caused by The 2019 Shutdown. TTB explained what it is doing, to try to alleviate some of the pain, such as allowing more overtime and re-prioritizing. The message goes on to list what industry members can do to help, such as scuttling applications you don’t really need, or improving the quality…
by Robert C. Lehrman on January 30, 2019 We have kept a close watch on the Atlas v. Whitaker case because it’s so close to what we handle on a daily basis whether the government is open or not. We covered the federal shutdown generally on January 12th, here, and we covered the Atlas case 12 days later as here. Today we have a dialogue with Alan Gura, the famous lawyer handling…
by Robert C. Lehrman on January 24, 2019 Atlas Brew Works sued the United States on January 15, 2019 in the DC District Court. Atlas is a brewer based in Washington, DC and argued that the law does not allow the government to, at the same time, require a label approval for beer, when the shutdown makes it impossible to obtain such an approval. As of this writing, Google has 48,600 articles about the controversy,…
by Robert C. Lehrman on January 12, 2019 TTB has been shut for 22 days now. This is the longest in anyone’s memory, or ever. Few things are more heavily regulated than booze in America, so the impacts are correspondingly severe. Labels. Anyone with a login can submit labels as per normal. But nobody is going to review or approve them until TTB reopens. This is hundreds of beer, wine and spirits labels normally submitted…
by Robert C. Lehrman on November 5, 2018 The Craft Beverage Modernization Act has been big, good and not so confusing news for U.S.-produced alcohol beverages for about a year already. But when it comes to imported products, there has been lots of confusion, anxiety, and waiting. A lot of this, however, is coming into focus in recent weeks. Last month Customs released this document, to explain how the reduced tax rates will apply…
by Robert C. Lehrman on October 29, 2018 Politics is everywhere lately, and TTB labels are no exception. When I was out in Kentucky last week, somebody showed me the Impeach label. This prompted me to look around for other noteworthy Trump-related labels — pro and con. I was surprised to find not very many MAGA-related labels. I was also surprised to find the rather acerbic label at the right above. I have…
by Robert C. Lehrman on September 6, 2018 A few weeks ago Virginia Lawyers Weekly recognized our busy, growing beer law practice. The August 13th article, by Matthew Chaney, covered the rise of Virginia brewing in general, and featured our beer law practice. The article noted: “A big change happened in 2012 when Virginia changed their rules to allow brewery tasting rooms to serve full pours of beer for on-premise consumption,” said Daniel J. Christopherson,…
by Robert C. Lehrman on August 6, 2018 In 10 years and 579 posts we’ve covered so many things approved by TTB. Today, and in the near future, we will mix it up and try to cover “basic” things not approved by TTB. First up, the Non-GMO butterfly seal, as above. LabelVision shows precisely zero label approvals, with this seal. This is the sort of thing LabelVision would pick up right away, because it’s great…