Lindsey A. Zahn

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CLE International is hosting its annual Wine, Beer, and Spirits CLE. This year, the program will take place in Charlotte, North Carolina on September 16th and 17th at the Le Meridien hotel. Attendees can earn up to 12 hours of MCLE credits including one hour of ethics. This year’s conference is subtitled Developments & Trends in the Alcohol Beverage Industry. Conference includes sessions on trade practice laws, supplier-wholesaler relationships and terminations, hard seltzer and other innovative products, current retailer issues, and…
Today, the Supreme Court struck down on a Tennessee regulation that requires residency of two years for applicants applying for an in-state retail alcohol license. In a 7-2 decision, the Court reasoned that, while the 21st Amendment extends states the right to regulate sales of alcohol within state border, there are limitations under the Constitution. The Court ruled that the requirement unlawfully discriminated against non-residents and that a “highly attenuated” relationship to public health or safety was…
Owners of two Minnesota wineries are challenging the state’s law which limits wine production by Minnesota-licensed farm wineries to predominantly Minnesota-grown grapes. In 2017, Alexis Bailly Vineyard and Next Chapter Winery challenged a provision of the state’s law and argued that the law is a violation of the U.S. Constitution’s interstate commerce clause. The case was dismissed by a federal judge, who suggested it was possible for a winery to obtain other winery licenses in Minnesota which…
A bill was introduced to the Oregon Senate last week which proposes to amend several sections of the Oregon Revised Statutes, namely ORS 471.445 and ORS 471.446. The Senate Bill, SB 111-1, proposes significants changes to the Oregon Revised Statutes with respect to wine labeling, many of which will directly impact wineries located in other states who source bulk grapes, juice, or wine from Oregon and fully finish or bottle or package the…
Last week, TTB reported that the agency suspended six (6) alcohol beverage permits between December 2018 and January 2019 for violations of consignment sale provisions of the Federal Alcohol Administration Act. Four wine wholesalers and two wineries faced a one-day stipulated permit suspension; a fifth wholesaler who was under investigation opted to surrender its permit. As reported by TTB, the suspensions and surrender resulted from investigations through a joint effort with the California Department of Alcoholic Beverage…
Join Denise Gardner of Denise Gardner Winemaking and me at the 2019 Eastern Winery Expo in Syracuse, New York March 19th through 21st for a discussion on formula wines and their enology and regulatory issues. A description of our event is provided below. Formula wines (those with non-wine flavorings like vanilla, chocolate or colors added) are taking off in popularity–and can have a host of both chemistry and regulatory issues. This session brings a consultant enologist and an…
According to Wine Business, the Oregon Liquor Control Commission (“OLCC”) submitted a letter to TTB in regard to a Napa Valley wine company’s alleged non-compliance with TTB labeling and advertising regulations. The complaint argues that the Elouan and The Willametter wines produced by Copper Cane LLC of Rutherford, California—which boast Oregon American Viticultural Areas (“AVAs”)—may not have been fully finished in Oregon. Purportedly, bulk wine produced in Oregon is purchased by Copper Cane LLC who…
Kevin J. Fandl, J.D., Ph.D. is again leading a faculty trip to study innovation in Chile focused on wine. He sends the following message and attached flyer: Dear colleagues, I am pleased to share the attached invitation with all of you regarding an upcoming (January 2019) peer-to-peer faculty immersion in Santiago, Chile, organized by the Fox School of Business at Temple University as part of our Center for International Business Education and Research (CIBER) program.…
On Thursday, September 27, 2018, the Supreme Court granted cert to a new case involving Granholm-like issues for the alcohol beverage wholesale and retail tiers. See Certiorari Granted. The case, Tennessee Wine and Spirits vs. Byrd Clayton, stems from a Tennessee law which requires in-state retail license applicants to satisfy residency requirements. The law requires that an individual applying for a retail license in Tennessee be a resident of the state for at least two years before…
The USPTO Trademark Trial and Appeals Board (“TTAB”) recently issued two relevant decisions to the wine industry. The decisions are summarized below. In re En Primeur Wines, Inc., Serial No. 87170488 (July 18, 2018) [not precedential]: En Primeur Wines, Inc. (“Applicant”) sought registration on the Principal Register of the mark MY EN PRIMEUR (in standard characters, with EN PRIMEUR disclaimed) for “on-line retail store services featuring wine” in International Class 35. Id. at 1. The Trademark Examining…