Libation Law Blog

Alcoholic Beverage and Cannabis Regulatory and Legal Updates

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The Illinois Department of Agriculture posted the first of two anticipated frequently asked questions bulletins regarding the current process for the cannabis licensing process it is currently running for the Illinois craft grower, infuser, and transporter licenses available in the current round of cannabis licensing. You can find the full first FAQ on the licensing process for Illinois’s craft growers, infusers, and transporters here. You can find the link to the Department’s adult use…
The TTB has posted some informative videos about different issues in its trade practices enforcement efforts and the history of the Federal Alcohol Administration Act. The new videos are linked below and can be found on the TTB’s Trade Practices website. Each is a decent introduction to issues raised in the TTB’s enforcement of matters in the alcoholic beverage industry. FAA Act History & Background Tied House Exclusive Outlet Commercial Bribery Consignment Sales The…
The plaintiff in this case is a professional photographer whose work is registered with the copyright office. He sued New York Vintners LLC for copyright infringement when they used a picture of his on a third-party website, PULSD.COM promoting their wine education classes. You can see the photograph and read the complaint here. For whatever reason, the wine retailer did not respond to the complaint and default was entered against them. In reviewing the…
The plaintiff in this case is a professional photographer whose work is registered with the copyright office. He sued New York Vintners LLC for copyright infringement when they used a picture of his on a third-party website, PULSD.COM promoting their wine education classes. You can see the photograph and read the complaint here. For whatever reason, the wine retailer did not respond to the complaint and default was entered against them. In reviewing the…
That’s right, the oral arguments in this historic wine shipping case involving the rights of in-state citizens and out-of-state retailers to set their contractual terms and receive alcohol through third-party shippers like FedEx will be broadcast live today.  Here’s why this case about retailers shipping alcohol to residents of other states is important.   So take a break and have lunch today watching this first of its kind liquor shipping dispute. Beer, wine, and spirits…
The Ninth Circuit heard argument on the trademark dispute that Jim Beam, the maker of “Pucker” flavored vodkas, won against a rival spirits brand that makes Johnny Love Vodka, JL Beverage Co. The vodka maker, through its liquor attorneys, wanted to overturn the District Court decision in an attempt to breath life back into its lawsuit. The District Court had handed both parties something of a draw in determining that the Pucker lipstick mark did…
In the Friday January 10, 2020 edition of the Illinois Register, the Illinois Department of Revenue proposed two new pieces of emergency rulemaking to implement taxation portions of the Illinois Cannabis Regulation and Tax Act. The first emergency rule implements the 7% tax on cannabis cultivators in Illinois for the privilege of cultivation. The tax is imposed on gross receipts from the initial sale of the product to another cultivator or to a craft…
Several months ago, medical marijuana dispensary operator, Ultra Health, won its case against the State of New Mexico for New Mexico’s odd actions in attempting to restrict how and what Ultra Health could display regarding its processes and cannabis plants at the New Mexico State Fair and for New Mexico’s improper actions for suspending Ultra Health’s licenses (22 dispensaries in New Mexico) following the incident. The State continued to restrict the free speech rights…
We called this a while back for the broadcasters, producers, and distributors challenging Missouri’s restrictions on alcohol advertising contained in the state’s three-tier “of value” and tied-house laws and regulations.  You can read our analysis and a description of the issues in our prior posts on the case, here, here, here, and here. You’ll note this has been bouncing around for a while now as the state originally won a motion…
Vintage Wine Estates filed a lawsuit against Lloyd’s London and other insurers after the insurance companies failed to reimburse Vintage under an “all risk” insurance policy – denying claims that the policy covered losses Vintage suffered damage to its wines caused by the October 2017 wildfires in Sonoma County, Napa County and surrounding areas. The complaint alleges that smoke from the wildfires infiltrated the winemaking process resulting in substantial damage commonly referred to as “smoke…