Today, Attorney General Jefferson B. Sessions announced, in a memorandum to all US Attorneys, the immediate revocation of five Obama Administration policies on federal marijuana enforcement, including Guidance Regarding the Ogden Memo in Jurisdictions Seeking to Authorize Marijuana for
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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Texas Court Affirms Constitutionality of Statute Prohibiting Brewers from Selling Distribution Rights to Their Products
Texas craft beer distributors received an early Christmas present in 2017. On December 15, 2017, the Texas Court of Appeals for the Third District, at Austin issued an opinion in Texas Alcoholic Beverage Commission v. Live Oak Brewing Co., et…
Mississippi Court Dismisses Multiple Claims in Distributor Termination Case
On December 15, 2017, a Mississippi trial court issued a series of orders dismissing a substantial number of the claims brought in Rex Distributing Company v. Anheuser-Busch et al., 2nd Cir. Court No. 24C11:17-cv-00033 (Harrison Circuit Court – Gulfport).
In…
TTB Updates to the Semi-Annual Regulatory Agenda
Last week in its regular newsletter, Alcohol and Tobacco Tax and Trade Bureau (TTB) announced updates to the Fall edition of the semi-annual Unified Agenda of Federal Regulatory and Deregulatory Actions (Regulatory Agenda). Like other federal agencies, TTB uses the…
Excise Tax Relief for Breweries, Wineries and Distilleries
This post does not constitute tax advice. It summarizes changes in alcohol beverage excise tax laws to assist industry members in planning to implement the changes. Excise tax calculations and liability must be determined for each taxpayer based on numerous…
The Intersection of Spirits and Marijuana
In the past three years, TTB has approved an increasing number of certificate of label approvals (“COLA”) for hemp-flavored vodka, from Mill Six’s hemp, white tea and ginger flavored vodka to Olde Imperial Mystic’s hemp infused vodka. Distillers have designed…
TTB Confirms PATH Act “Hard Cider” Compliance Extension
The Alcohol and Tobacco Tax and Trade Bureau (TTB) has confirmed that compliance with the temporary rule implementing the Protecting Americans from Tax Hikes Act of 2015 (PATH Act) (T.D. TTB-147), which changes the eligibility criteria for the…
Government Affairs Extra | Craft Beer and Marijuana
It’s hard to deny that marijuana has a cultural connection with craft beer, or at least with substantial segments of the craft brewing community. Many craft brewers have signaled to their fans that they know a thing or two about…
FDA Publishes Supplemental Guidance on Menu Labeling for Chain Restaurants
On November 7, the US Food and Drug Administration (FDA) published the latest in a series of industry draft guidance documents to help implement menu labeling and nutrient disclosure regulations applicable to chain restaurants (Draft Guidance). FDA guidance documents are…
“Chairman’s Mark” Includes CBMTRA Provisions to the Tax Cuts and Jobs Act
America’s brewers, distillers and wineries cannot yet raise a glass to recalibrated federal excise taxes, but they got one step closer to be able to do that on Tuesday.
That is because the provisions of the Craft Beverage Modernization and…