Experienced And Knowledgeable With Both The Alcohol beverage Industry And The Law
A Florida federal judge dismissed the lawsuit accusing Maker’s Mark of misleading consumers by stating it’s “handmade.” U.S. District Judge Robert L. Hinkle said, the plaintiffs, who allegedly purchased the bourbon because it was “handmade”, were “unable to articulate a consistent, plausible explanation of what they understood “handmade” to mean in this context.” The Judge noted that the term “handmade”,…
Have you ever thought of exporting your spirits abroad? Various distillers weigh-in on their own experiences in my latest article for Artisan Spirit Magazine. For a step-by-step guide on first steps, please click here.
Palcohol, the powdered alcohol subject to much debate several months ago, was approved by the TTB on March 10th. Here is the label for the Cosmo: How can TTB approve it? In 26 U.S.C. Section 5002 it says, in substance, the terms “distilled spirit,” “alcoholic spirits,” and “spirits” mean that substance known as ethyl alcohol, ethanol, or spirits of wine…
The TTB accepted a $15,000 Offer in Compromise from Ancient Peak, Inc., a winery in Santa Margarita, California, to resolve alleged violations that it sold wine in “interstate commerce” without first obtaining required certificates of label approval (“COLAs”). In addition, the labels allegedly contained false and untrue statements. The allegations are below and can also be seen, in full, on…
Sales of “craft spirits” are up. In fact, sales of American “craft spirits” were up 50% last year, according to GuestMetrics. But what exactly is a “craft spirit”? I provide an analysis and offer explanations from various industry members in the February 2015 issue of Beverage Media.
Is New York going to join Colorado, Washington, Alaska, and Oregon and permit recreational marijuana use? New York Senate Bill S01747, filed January 14, 2015, seeks to bring recreational marijuana to New York, noting “regulating, controlling, and taxing marihuana like alcohol will save criminal justice resources, reduce violent crime, reduce racial disparities, and generate revenue.” Please find my summary of…
Most of us in the alcohol beverage industry are well aware of the recent litigation affecting various craft distillers around the country. There are at least three pending cases against Tito’s Vodka alone, in California, Florida and Illinois. In addition, there are cases against Templeton Rye, Angel’s Envy and Tincup whiskey. The basis of all of these complaints is alleged…
The New York Craft Act continues to receive great support and press. For instance, today the Wall Street Journal ran a story discussing the benefits of the Act for New York alcohol beverage producers. One of the privileges extended to New York distillers, brewers, cideries, and wineries is the ability to offer samples of other New York State labeled products…
Today, New York Governor Cuomo signed the craft beverage bill which will help all New York alcohol beverage producers. “New York produces some of the best wine, beer, spirits and cider in the world—an industry which not only creates jobs but supports farmers and brings in tourism dollars across every corner of the state,” Governor Cuomo said. The new rules,…
