As part of the general move to better-for-you beverages, non-alcoholic (NA) options have been and will likely continue to be on the rise. However, how NA is treated, or not treated, as “beer” has significant impact on its potential route
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CBD Products in the Time of COVID-19: Best Practices for Making Your (Trade)mark
By Sarah Bro
In the midst of an unprecedented and unsettling global pandemic, one constant remains: certain entrepreneurial-minded folks will not miss the opportunity to file trademark applications for new “brands” that align with the latest news cycle. COVID-19 is no different. The…
Thank You to Our Readers
We greatly appreciate our readers over the past year and are pleased to share that we were once again recognized for our food and beverage thought leadership in the 2020 JD Supra Readers’ Choice Awards, which acknowledge top authors and…
Detailed Summary of Federal Requirements for Production of Hand Sanitizing Products
To meet the growing need for hand sanitizing products, various federal agencies including the Alcohol Tobacco Tax and Trade Bureau (TTB), Federal Drug Administration (FDA), Health and Human Services (HHS) and Congress have been rapidly updating and providing guidance for…
Importing and Exporting Beer
Importing and exporting beer or other alcohol beverages involves multiple levels of government regulation and taxation. Some regulations, taxes, and reporting requirements mirror your existing compliance obligations as a brewery. Other obligations are unique and include government agencies that are…
TTB and FDA Relax Restrictions on the Production of Hand Sanitizers by Alcohol Manufacturers
With the increasing pace of the spread of the Coronavirus (COVID-19) and the related emergent need to increase the available supply for hand sanitizer products across the United States, the Alcohol and Tobacco Tax and Trade Bureau (TTB), followed by…
TTB Relaxes Consignment Sale Restrictions in Wake of Coronavirus Cancellations
On Friday, March 13, 2019, in the wake of growing concerns and related mass cancellations of large events all across the United States, the federal Alcohol and Tobacco Tax and Trade Bureau (TTB) announced that it is relaxing federal restrictions…
Florida Federal District Court Rules GRAS Regulation Preempts Florida Statute Criminalizing Ingredient
In an important ruling dismissing a proposed class action, the US District Court for the Southern District of Florida ruled that the US Food and Drug Administration’s (FDA’s) generally recognized as safe (GRAS) regulation preempts a Florida statute that criminalized…
Mississippi Supreme Court Rejects ‘Passage of Title’ DTC Theory
By Marc Sorini
Last week, the Supreme Court of Mississippi handed down an opinion in Fitch v. Wine Express Inc., No. 2018-SA-01259-SCT. A state court decision on the rather dry subject of personal jurisdiction often merits little comment, but the Fitch opinion…
Oklahoma Supreme Court Strikes Down New Distribution Statute as Unconstitutional
In a win for alcohol beverage suppliers, on Wednesday the Oklahoma Supreme Court issued an opinion in The Institute For Responsible Alcohol Policy v. State ex rel. Alcohol Beverage Laws Enforcement Comm’n. In a 5-4 ruling, the court struck down…