Experienced And Knowledgeable With Both The Alcohol beverage Industry And The Law
Is this a permissible tweet from a Revolution Wines, a California winery? “Two days till @SaveMart Grape Escape in Downtown #Sacramento! Get tickets and info here: http://bit.ly/U7XFVq.” According to the California Alcohol Beverage Control, naming the retailer in Revolution Wines’ tweet was a tied house violation. Manufactures or importers may not promote retailers. Specifically, naming a retailer in a tweet…
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…
The TTB further expanded its list of changes that may be made to approved alcohol beverage labels without requiring those labels to be resubmitted to TTB for review. There are currently 28 allowable revisions outlined on TTB form 5100.31. In addition to those 28, TTB added 29 through 34 (outlined below) in its September 29, 2014 Industry Circular.
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…
The New York Times Editorial Board said, “the federal government should repeal the ban on marijuana.” The NYT reached that conclusion “after a great deal of discussion among the members of The Times’s Editorial Board, inspired by a rapidly growing movement among the states to reform marijuana laws.” Click here to read the full story.
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…
