Bevlog (Beverage Law Blog)

Latest from Bevlog (Beverage Law Blog)

As an additional response to the burdens that COVID-19 is placing on alcohol beverage industry members, TTB has issued Industry Circular 2020-2. The Circular postpones several filing and due dates where the original date falls on or after March 1, 2020 through July 1, 2020. TTB published the Circular on March 31. Per the Industry Circular TTB is, among other considerations: Postponing tax payment due dates for wine, beer, and distilled spirits excise taxes.…
by Marshall Fawley on March 27, 2020 While everyone in our industry struggles with the ramifications of the COVID-19 pandemic, distilled spirits plant (“DSP”) production of hand sanitizer or ethanol (whether denatured or not) for use in hand sanitizer is a particularly important topic. The Food and Drug Administration (“FDA”) and Alcohol and Tobacco Tax and Trade Bureau (“TTB”) are issuing guidance on a seemingly daily basis. To that end, TTB released Public Guidance 2020-1A
by Robert C. Lehrman on February 19, 2020 Four New Lawyers, With Wide Alcohol Beverage Experience, Join Us Within the Past Three Months We are delighted to announce that we have added two more highly experienced alcohol beverage lawyers in recent days:  Art DeCelle and Marshall Fawley. They join us after many years handling beer, wine and spirits issues at one of the premier alcohol beverage law practices in the U.S. A few weeks earlier,…
by Robert C. Lehrman on January 13, 2020 You probably don’t want to miss John Messinger’s article in the December 2019 issue of Craft Spirits magazine. It’s at page 70 and provides an overview on TTB formula issues relating to distilled spirits. An excerpt is below and you can find the whole article at the link above. Most distillers understand that they must jump through a seemingly never-ending number of hoops to get their…
by Robert C. Lehrman on December 23, 2019 I am pleased to report that we still live in a free country, as evidenced by this recent TTB approval heaping scorn on the President. I don’t mean to get all partisan, here, so if anyone has a solid pro-Trump label, let me know and I will add it below. TTB approved the label on April 25, 2019, for an Oakland importer. The approval is here.…
by Robert C. Lehrman on November 19, 2019 Every time I go to Louisville I get to see Pete’s smiling face, his competence, and I even get to speak in Kamer Hall. Kamer Hall is the home of Moonshine University. Last year I interviewed Pete for Artisan Spirit magazine but it looks like I never mentioned it here. As the article says, Pete started his distilling career with Seagram distillery in Louisville in 1978…
by Robert C. Lehrman on May 30, 2019 TTB proposed to modernize the beer, wine and spirits labeling rules in late 2018, in a sweeping 132 page document. I thought it may be useful to take one narrow provision at a time, and compare the old version to the new, proposed version. Today I will look at the long-time restriction on describing spirits as “pure.” The old version of the rule is at left,…
by Frank Knizner on May 6, 2019 Last Thursday (May 2, 2019), the USPTO issued Guidance for the examination of trademark applications for hemp and cannabidiol (“CBD”) containing goods. The guidance comes after the enactment of the 2018 Farm Bill, which exempted hemp (i.e., cannabis sativa L. with a delta-9-tetrahydrocannabinol (“THC”) concentration of not more than .3% on a dry weight basis) and its constituents (e.g., CBD) from the definition of “Marihuana” [sic] in the…
by Robert C. Lehrman on February 1, 2019 TTB yesterday put out a “Message to Industry” about label, permit and other backlogs caused by The 2019 Shutdown. TTB explained what it is doing, to try to alleviate some of the pain, such as allowing more overtime and re-prioritizing. The message goes on to list what industry members can do to help, such as scuttling applications you don’t really need, or improving the quality…
by Robert C. Lehrman on January 30, 2019 We have kept a close watch on the Atlas v. Whitaker case because it’s so close to what we handle on a daily basis whether the government is open or not. We covered the federal shutdown generally on January 12th, here, and we covered the Atlas case 12 days later as here. Today we have a dialogue with Alan Gura, the famous lawyer handling…