On September 18, 2018, the Alcohol and Tobacco Tax and Trade Bureau (TTB) issued TTB Industry Guidance 2018-10, a webpage consisting of questions and answers related to formulas. According to TTB, this new guidance “essentially replaces” Industry Circular 2007-4,
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.
Latest from Alcohol Law Advisor - Page 7
Tied-House Law Update
By Marc Sorini
During the Wine, Beer & Spirits Law Conference, Marc Sorini discussed recent legal developments in federal and state trade practice law. He provides a background for each and explores recent and pending investigations.
What’s New in US Constitutional Law Developments
By Marc Sorini
During the International Wine Association’s 2018 Conference, Marc Sorini presented on the latest law developments, including the Commerce Clause and First Amendment.
The topic was made particularly timely by the Supreme Court’s September 27 decision to grant certiorari review of…
New CBMA Guidance Further Clarifies Excise Tax Rules for Imported Beverages
By Marc Sorini
Last week Customs & Border Protection (CBP) issued additional guidance on the Craft Beverage Modernization Act (CBMA) rules for applying the CBMA lower excise tax rates (for beer and distilled spirits) and credits (for wine) to alcohol beverages imported from…
DEA Schedules a FDA-Approved CBD Drug
As beverage manufacturers mull the creation and distribution of cannabidiol (CBD)-infused products, the US Drug Enforcement Administration’s (DEA) recent actions regarding an approved CBD drug merit exploration. CBD is one of many chemicals in the cannabis plant, and the US…
Distilling Lessons from Recent Trademark Cases
Craft distillers know the value of a good trademark. The name of a particular spirit, a logo, or a label design can be vitally important to a brand’s identity (and a distiller’s bottom line). They also know how complicated—and legally…
Recent Retailer Direct Shipping Opinion Illustrates Stakes in Upcoming Supreme Court Review
By Marc Sorini
The recent US District Court for the Eastern District of Michigan opinion strikes down a Michigan statue and authorizes out-of-state retailers to sell and ship wine directly to Michigan consumers. Lebamoff Enterprises v. Snyder, E.D. Mich. Case No. 17-10191 (Sept.…
US Supreme Court to Review State Residency Requirements
The “final word” may be in sight in a long-running dispute over state residency requirements imposed on applicants for retail alcohol beverage licenses as well as more fundamental questions about state powers under the 21st Amendment.
Customs and Border Protection Interim Regulations for Refunds of Excise Taxes on Imported Beer, Wine and Spirits
By Marc Sorini
US Customs and Border Protection (CBP) expects to publish tomorrow Interim Regulations authorizing the refund of beer, wine, and spirits excise taxes in connection with the 2017 tax reform act’s reduced rates and credits. The Interim Regulations specify:
…
Alcohol, Cannabis and State Driving Laws
As more states legalize the recreational use of marijuana, beer servers will undoubtedly face situations in which a patron is too impaired to drive due to the consumption of both cannabis and alcohol. State laws do not provide a crosswalk…