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 of
Alcohol Law Advisor
Regulatory and Distribution Law Updates for the Alcohol Industry
The Alcohol Law Advisor, published by McDermott Will & Emery, focuses on legal and regulatory issues affecting the alcohol industry. It covers federal and state regulations on alcoholic and non-alcoholic beverages, including taxation, labeling, production, and distribution. The blog addresses compliance challenges related to direct-to-consumer shipments, import and export laws, and the impact of evolving legislation such as the Farm Bill on cannabis-derived products like CBD. It also discusses intellectual property concerns, trademark registration, and the intersection of alcohol law with public health measures, including hand sanitizer production. The content is aimed at industry stakeholders navigating complex regulatory frameworks and market developments.
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District Court Issues Opinion in Old Charter Bourbon False Advertising Class Action
By Marc Sorini
On February 5, 2018, the US District Court for the Eastern District of Missouri issued an opinion in one of the many false advertising class actions brought against the industry in the past five years.
Penrose v. Buffalo Trace Distillery,…
President’s FY 2019 Budget Would Give TTB Criminal Authority over Alcohol
By Marc Sorini
Earlier this week the Trump Administration presented its Fiscal Year 2019 Budget Proposal. While many portions of a president’s proposed budget do not get enacted, such proposals provide insight into the thinking of the administration.
With respect to the…
2018 Federal Budget Legislation Provides Breweries with Administrative Relief and Acknowledges 21st Amendment
Two sections of Craft Beverage Modernization and Tax Reform Act (CBMTRA) that were dropped from the 2017 federal tax reform law were subsequently added to the Bipartisan Budget Act of 2018, signed into law by President Trump on February 9,…
Additional Rum Cover Over for Puerto Rico and the US Virgin Islands Approved in 2018 Budget Legislation
Early this morning, both houses of Congress approved the “Bipartisan Budget Act of 2018,” complex legislation that includes important modifications to an arcane law known as the “rum cover over,” which is an important revenue source for the Commonwealth of…
DOJ Attorneys Explain New Cannabis Enforcement Plans at Summit
US Attorneys, state officials and cannabis industry representatives met in Portland, Oregon on February 2 to discuss how to enforcement will change after Attorney General Jeff Sessions announced changes to Department of Justice (DOJ) policies on the prosecution of marijuana…
Additional TTB Tax Act Guidance
By Marc Sorini
On Thursday evening, February 1, the Alcohol and Tobacco Tax and Trade Bureau (TTB) released additional FAQ guidance on the alcohol excise tax provisions of the 2018 tax reform (the Tax Act).…
Data Security for Craft Brewers
Over the past few years, news headlines have been filled with reports of large data security breaches impacting major brand names and affecting millions of people. It seems like with each new day comes a new breach. The reports are…
District Court Denies Motion to Dismiss Deception Claims against Brewer
By Marc Sorini
On January 17, 2018, the United States District Court for the Northern District of California issued a decision in yet another putative class action alleging that a beer brand’s labeling and marketing was false and deceptive. In this case, the…
FDA Releases Draft Guidance on Public Warnings and Notifications of Recalls
The Food and Drug Administration (FDA) recently issued a draft guidance on the agency’s voluntary recall process and announced the agency’s intention to notify the public faster when a product is recalled. The guidance aims to assist and provide recommendations…