Libation Law Blog

Alcoholic Beverage and Cannabis Regulatory and Legal Updates

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For the record, we predicted this outcome. Furthermore, it has the benefit of correctness and consistency with the bedrock freedom of expression principles undergirding the democracy. Two years ago, the Matal v. Tam decision began a slow but steady pace towards invalidating sections of the Lanham Act that allowed the USPTO to sit in judgment of the propriety of offensive and disparaging words utilized as trademarks.  Rather than accept the decision in the spirit…
Obviously, more on the implications and opinoin later, but for now, enjoy! (here is a link to download as well) Tennessee-Wine-and-Spirits-v.-Russell-Blair-Supreme-Court-Opinion The post BREAKING: SCOTUS decides Tennessee v. Blair – invalidates residency requirements OPINION EMBEDDED BELOW – WIN FOR ACCESS AND CHOICE AND … FREEDOM! appeared first on Libation Law Blog.…
The TTB recently announced that COLAs Online will have a new status called “Conditionally Approved.” The effort and new moniker are meant to streamline the finalization process for certificates of label approval for alcoholic beverages. The new status gets invoked where the TTB desires to tell the alcoholic beverage label applicant that the TTB proposes changes to any of four fields to make the application consistent with the content of the proposed label: Brand Name…
This case involves a dispute between a beer wholesaler that wanted to sell its rights to distribute Anheuser’s beer to a chosen buyer. A dispute arose because the beer distributor had a provision in its beer wholesale agreement with the brewer allowing the brewer to assume the right to the sale and appoint a buyer on the same terms (to direct the sale of the beer distributor’s franchise rights). The brewer wanted the beer wholesaler…
In Part 2 of this series we discussed early approval of Adult Use Dispensing Organization Licenses that will be made available to current medical cannabis dispensing organizations under the new Illinois Cannabis Regulation and Tax Act.   But what about dispensary licenses that aren’t connected to the prior medical facility licenses (everything but the early approval licenses). Under the Act, the Illinois Department of Financial and Professional Regulation (IDFPR) is responsible for issuing the new…
Article 30 of the new (soon to be signed) Cannabis Regulation and Tax Act creates a license type for small cultivators and, given the current trend for nomenclature, came to designate these small-scale cultivators as “Craft Growers.” Subject to a 7% state tax on the gross receipts from the Craft Grower’s sale of cannabis, the Craft Grower licensee can cultivate, dry, cure and package cannabis for sale to a dispensary or other processing organization in…
The buzz started last year when the Louisiana Retail Food and Beverage E-Commerce Task Force met to review and consider home delivery of alcoholic beverages. According to the Greater Baton Rouge Business Report piece at the time, both Instacart and Drizly appeared to testify about the growing trend in American lifestyle choices – home delivery of stuff people want. Prior to 2019, the Louisiana legislature killed bills for home delivery. But the bill and service…
Section 55-20 of Illinois’s new Cannabis Regulation and Tax Act governs advertising and promotions of cannabis related activities. The verb, advertise is broadly defined under Illinois’s new Cannabis Regulation and Tax Act as: “Advertise” means to engage in promotional activities including, but not limited to: newspaper, radio, Internet and electronic media, and television advertising; the distribution of fliers and circulars; and the display of window and interior signs. The act regulates the activity in several…
In what is undoubtedly a nod to recent State action and current pending litigation regarding the interstate transportation of Farm Bill compliant hemp, the May 28th US Department of Agriculture general counsel legal opinion provided some valuable guidance relative to the interstate shipment of hemp grown pursuant to the 2014 and 2018 Farm Bills. In particular the GC’s opinion clarified the USDA stance on the lawful transportation of hemp grown pursuant to the 2014 Farm…
If you haven’t gotten permission to use copy or pictures that you did not create, or have created for you by an employee or a third-party with a proper work for hire agreement, stop, just stop and go get permission or buy the rights or get a license. A good reminder – Vrachovska v. 8 Degrees Plato Beer Company. You can read the complaint in this case here. The plaintiff, a photographer, brought…