Experienced And Knowledgeable With Both The Alcohol beverage Industry And The Law
As we know, the three tier system generally flows as follows: manufacturers sell to wholesalers, wholesalers sell to retailers and retailers sell to consumers. Of course, there are a variety of exceptions from state-to-state. Most notably for wineries shipping direct to consumers and craft distillers in some states can sell to consumers from their distillery or a farmers market. Of…
Have you heard of Granholm vs. Heald? Prior to this opinion by the Supreme Court of the United States (“SCOTUS”) in Granholm, some states permitted in-state wineries to ship wine directly to consumers but prohibited out-of-state wineries from doing the same. Various states also had what’s known as “reciprocity laws,” which allowed direct shipment from wineries outside the state, but…
The prior dispute between Diageo and its use of on its Johnnie Walker brand of the Explorers Club of New York Diageo has settled its legal dispute with New York City’s Explorers Club, which had sued in 2012 to prevent the drinks giant from using the club’s name on a special edition of Johnnie Walker Scotch whisky. Under a new…
Massachusetts now permits direct-shipping for out-of-state and in-state wineries. Beginning January 1, 2015, wineries can apply for a direct shipping permit ($300 fee). The license permits wineries to ship 12 nine-liter cases per customer per year.
In the current issue of BAR Magazine, I discuss some tales of slotting fees and other impermissible conduct.
According to TTB, responding to requests form the brewing industry and other interested parties, TTB is now exempting from the malt beverage formula requirements malt beverages made with certain ingredients, including honey and certain fruits, spices and food ingredients. TTB also determined that certain processes — like aging beer in barrels used for wine or distilled spirits — do not…
A bill has been introduced by Sen. Hoylman in New York to ban the sale of powdered alcohol, Palcohol, in New York. Naturally, the legislation also would prohibit anyone under 21 from possessing Palcohol. See the proposed bill at: http://open.nysenate.gov/legislation/bill/S7195-2013 The bill comes after U.S. Sen. Chuck Schumer urged the Food and Drug Administration to ban the product. Palcohol is…
The Florida Senate approved SB 1714 (http://www.flsenate.gov/Session/Bill/2014/1714/BillText/e2/PDF). The bill allows Florida brewers to sell 64-ounce beer growlers to customers for consumption off the premises. However, the bill also prevents those brewing more than 1,000 barrels (2,000 kegs) from selling more than 20% of their beer directly to consumers instead of through a distributor. The bill sets limits on the sale…
The labels recently issued by TTB for Palcohol, a powdered alcohol product, were issued in error. According to the Associated Press, a TTB representative sent an email to the AP late Monday indicating that the approvals were issued in error. Palcohol noted that there was a “discrepancy on our fill level, how much powder is in the bag,” and it…
Alaskan lawmakers are discussing a bill that would allow craft distillers to sell directly to consumers. House Bill 309 is aimed at improving tourism to Alaska’s distilleries. The new bill would allow distilleries to sell as much as a gallon of alcohol from the distillery and offer samples of as much as 3 ounces to visitors. To read the full…
