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Malkin Law P.A.
Malkin Law P.A.
305-763-8539
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Experienced And Knowledgeable With Both The Alcohol beverage Industry And The Law

Malkin Law Blog

California ABC Fines Two Large Beer & Wine Wholesalers and numerous Retailers for Unfair Business Practices and Prohibited Marketing Practices

by | Mar 8, 2017 | , , ,

After recently recently reaching a settlement with Heineken USA Inc., the California Department of Alcohol Beverage Control (“CABC”), has reached another settlement for $400,000 with Anheuser-Busch, LLC wholesalers and a $10,000 settlement with Straub Distributing Company LTD for unfair marketing practices aimed at retail licensees. Additionally, approximately 34 retail licensees also received disciplinary sanctions levied against their ABC licenses for…

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Empire Merchants vs Breakthru Cont’d

by | Mar 2, 2017 | , , , , ,

The saga continues in the lawsuit between New York’s Empire Merchants and Breakthru Beverage. In our blog on September 21, 2016, we had reported that Empire Merchants filed federal fraud charges against a long list of defendants including, Breakthru, Reliable Churchill, and several Maryland retailers. Empire had alleged through its complaint that from 2009 to 2016, the defendants collectively conspired…

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CA Violation for Heineken

by | Feb 27, 2017 | ,

Heineken USA, Inc. reached a settlement with the California Department of Alcohol and Beverage Control (CABC) for, according to the CABC’s press release, a violation against Heineken for participating in an “illegal marketing scheme aimed at consumers.” The settlement was reached on February 10, 2017 and will require Heineken to pay a settlement fee in the amount of $30,000. The case stems…

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Walmart’s “Craft” Beer?

by | Feb 23, 2017 | , , ,

America has fallen in love with craft beer and big retail took notice and wants to take a chunk of the ever expanding demand. Unfortunately, some consumers have been misled by America’s largest retailer: Walmart. Walmart has been selling beers that are not truly “craft” beers, but instead private-label beers produced at a large industrial brewery in Rochester, New York.…

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Cannabis Infused Alcohol

by | Feb 14, 2017 | , ,

Perhaps the newest trend in the cannabis craze is alcohol infused with hemp or cannabis. Given the regulatory hurdles and federal prohibition, so far infusions are a cottage industry with just a handful of manufacturers producing beer, wine and spirits infused with hemp or cannabis. Since any product containing the psychoactive properties of Tetrahydrocannabinol (THC) is a violation of federal law, most…

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When Light Isn’t Light – Bud Light Lime-A-Rita Case

by | Feb 9, 2017 | , , ,

On Tuesday February 7th a group of Plaintiffs brought a suit against Anheuser-Busch LLC in the Ninth Circuit Court arguing that the brewer’s use of the term “light” on the labeling of the Lime-A-Rita packaging was misleading to consumers as being a lighter alternative alcohol beverage. Since Bud Light is known to be lighter in calories than a regular Budweiser, the…

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Hendrix Liquor Dispute Resolved

by | Jan 31, 2017 | , ,

According to Law360, Tiger Paw Distributors LLC, et. al. “may sell booze containing titles of [Jimmy] Hendrix’s songs such as ‘Purple Haze’ and ‘Voodoo Child’ and may include references on the bottles’ labels to Hendrix, but the references must have a relatively smaller typeface and may not infer any endorsement, sponsorship or affiliation with the guitarist’s estate,” as ordered by a Georgia U.S.…

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TTB – $750,000 Fine For Slotting Fee Violations

by | Nov 18, 2016 | , , ,

According to the Alcohol and Tobacco Tax and Trade Bureau (TTB), it accepted a $750,000 offer in compromise from Craft Beer Guild, A MASS. distributor, for trade practice violations. The TTB said, “this is the largest offer in compromise that TTB has recovered from a single industry member for trade practice violations.” The offer in compromise is related to the…

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The foregoing was prepared as general information. It is not meant to provide legal advice granting any specific matter and should not be acted upon without professional counsel. If you have questions or require additional information regarding these or other related matters, please contact Malkin Law, P.A. This material may be considered attorney advertising under certain rules of professional conduct.