Recent cases offer lessons for brewers navigating the often-tricky obstacles surrounding the selection, use and enforcement of trademarks. Whether a brewery is choosing a logo or naming a new beer, the latest decisions highlighted in this article underscore the importance
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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2nd Circ. Tussle Distills Court Divide on Booze Laws
Sharp disagreements in the Second Circuit over whether a Connecticut liquor law runs afoul of antitrust law, recently exposed in a bitter dissent, highlight a circuit split that some experts predict will be taken up by the US Supreme Court.…
Court Dismisses Challenge to TTB’s Rejection of Health Claims on Vodka
By Marc Sorini
In August, the US District Court for the District of Columbia issued its final decision in Bellion Spirits, LLC v. United States, Civ. No. 17-2538 (JEB). The Bellion case was brought by spirits company Bellion Spirits after the Alcohol and…
TTB Label Approval System Survives First Amendment Challenge from DC Brewery
I. Factual Background
During the 34-day government shutdown occurring between December 2018 and January 2019, producers and importers of beer, wine and distilled spirits needing label approval to bring new products to market were forced to wait until the shutdown…
TTB Publishes New Nonbeverage Product Formula Form
On August 12, 2019, the Alcohol and Tobacco Tax and Trade Bureau (TTB) published its updated Formula and Process for Nonbeverage Product, TTB Form 5154.1. The Nonbeverage Product approval process is critical to obtain “drawback” (a refund) on most…
Cannabis and Hemp Update
Cannabis legalization receives widespread popular support. According to opinion polls, more than two-thirds of Americans support full legalization—a steep rise in support considering that as recently as 2005, almost two-thirds of Americans opposed legalization. The country appears on the path…
FDA CBD Docket Closed, Agency to Soon Provide Status Report
The Food and Drug Administration (FDA) has increased its efforts to follow through on its commitment to provide guidance to stakeholders on the regulatory landscape for products containing CBD. On May 31, 2019, the FDA held a public hearing to…
Implications of the Supreme Court’s Tennessee Retailers Decision
By Marc Sorini
As virtually everyone in the US alcohol beverage industry knows, last week the US Supreme Court handed down its opinion in Tennessee Wine and Spirits Retailers Assn. v. Thomas, S.Ct. No. 18-96 (June 26, 2019). Now that over a week…
TTB Publishes NPRMs to Repeal Standards of Fill for Wine and Distilled Spirits
By Marc Sorini
On Monday, July 1, 2019, the Alcohol and Tobacco Tax and Trade Bureau (TTB) published two eagerly anticipated notices of proposed rulemaking (NPRMs) to largely repeal the standards of fill for wine and distilled spirits containers. The highlights:…
Data Breach: How to Prepare for What Experts Have Deemed Is Inevitable
Data security experts often say there are two types of businesses: those that have been hacked and those who will be hacked. Many small business owners believe they are too small to attract a hacker or fall victim to a…