The Agricultural Marketing Service of the US Department of Agriculture (USDA) recently published a proposed rule containing regulations to implement the National Bioengineered Food Disclosure Standard mandated by Congress in 2016. See 83 Fed. Reg. 19860 (May 4, 2018). The
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 9
FDA Extends Compliance Date for Updated Nutrition Facts Label
The Food and Drug Administration (FDA) is extending the compliance dates for updating the familiar Nutrition Facts labels, from July 26, 2018 to January 1, 2020, for manufacturers with $10 million or more in annual food sales. Manufacturers with less…
District Court Dismisses Pending Trade Practice Case, With Leave to Amend
By Marc Sorini
This month, the United States District Court for the Northern District of California issued an opinion in Arena Restaurant and Lounge, Inc. v. Southern Glazer’s Wine and Spirits, No. 17-CV-03805-LHK. The Arena case, also called Nguyen after its original named…
TTB in a Deregulatory Mood
By Marc Sorini
Changes in Administration and other political shifts can have subtle and, occasionally, not-so-subtle influences in the Alcohol and Tobacco Tax and Trade Bureau (TTB) policies and priorities. In the article, “TTB in a Deregulatory Mood” published by Artisan Spirit, Marc…
President Trump Commits to Protect Colorado’s Legal Marijuana Industry
On Friday, April 13th, Senator Cory Gardner (R-CO) announced that President Trump assured him that the Department of Justice’s decision to rescind the Obama-era guidance on marijuana enforcement would not affect Colorado’s legal marijuana industry. President Trump also promised Senator…
TTB Expands COLA Allowable Revisions
TTB Industry Circular 2018-2, dated March 26, 2018, expanded the list of allowable revisions for approved Certificate of Label Approval (COLA) applications. The three new allowable revisions are to:
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ABI/SAB Miller Deal: DOJ Clarifies Best Efforts Clause in Proposed Final Judgment
As most members of the alcohol and beverage industry are aware, Anheuser-Busch InBev (ABI) acquired the global holdings of SABMiller in a more than $100 billion merger in October 2016. The Department of Justice (DOJ) required ABI to divest SABMiller’s…
Federal District Court Rejects Craft Brewers’ Equal Protection and Due Process Challenge of Texas’ Ban on Brewer Off-Premises Retailing
By Marc Sorini & Bethany Hatef
On March 20, 2018, a federal district court in Texas issued an opinion in Deep Ellum Brewing, LLC, et al. v. Texas Alcoholic Beverage Commission. The court delivered a blow to Texas craft brewers, upholding Texas’ prohibition on sales of…
TTB Publishes Additional Tax Act Guidance on 5010 Wine and Flavor Credits
By Marc Sorini
Today, TTB published additional Tax Act guidance on its website. Three new clarifications address the interaction of the new Tax Act rates/credits with the wine and flavor credits available under 26 U.S.C. § 5010. The clarifications are:
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Durational-Residency Requirements for Alcohol Beverage Retail Licensees Held Unconstitutional
By Marc Sorini
On February 21, 2018, the US Court of Appeals for the Sixth Circuit published its opinion in Byrd v. Tennessee Wine and Spirits Retailers Association, No. 17-5552. The decision, which includes a partial dissent, affirms a Middle District of Tennessee…