Experienced And Knowledgeable With Both The Alcohol beverage Industry And The Law
Currently, Florida law requires retailers to operate a separate store if they want to sell spirits. At Costco and Publix, for instance, there are liquor stores adjacent to the markets with a separate entrance. Beer and wine, meanwhile, is sold inside the market. Bills now in the Florida House and Senate (HB 877, SB 804) may undo that requirement. “It’s…
The U.S. Supreme Court declined to review a trademark dispute over Stolichnaya vodka. The lower court’s decision remains, which held that a Russian state-owned company lacked standing to challenge use of the mark in the U.S. As reported by Law 360, Federal Treasury Enterprise Sojuzplodoimport (“FTE”), “a government company that under Russian law has some authority over the vodka’s trademark,…
The New York State Liquor Authority (“SLA”) prohibits specials for an unlimited number of drinks during any set period of time for a fixed price. It is also prohibited to create drink specials which, in the judgment of the SLA, are an attempt to circumvent the law. For instance, offerings of free drinks, or multiple drinks for free or for…
The Tax Foundation recently released its latest maps of state tax rates on beer, wine and spirits. Taxes vary widely across the country. For instance, beer taxes range from $.02 per gallon in Wyoming to $1.17 per gallon in Tennessee; $3.56 per gallon of wine in Kentucky to $.11 in Louisiana; and $35.22 per gallon of spirits in Washington to…
After consultation with theFDA, the TTB has just revised its interim policy on claims of “gluten-free” in labeling of spirits, wine and malt beverages. The original policy was outlined in 2012. The new policy says that, “Alcohol beverages that are made from ingredients that do not contain gluten (such as wines fermented from grapes or other fruit and distilled spirits…
If you missed the first ever Golden State of Cocktails industry conference, you missed a great event! In a packed session, I discussed the basics of alcohol beverage law with brand owners, bartenders and bar owners in Legal 101 with Malkin Law. For a full schedule of presentations visit: www.goldenstateofcocktails.com/wp-content/uploads/GSC_2014_fullschedule1.pdf During the session, we reviewed some basics of alcohol beverage…
According to Barclays, spirits sales increased for the third consecutive month, to +7.0% from +5.8% in the prior 4 weeks. “On a 12-week basis, industry growth improved to +6.4% from +5.5% in the prior 12 weeks.” Bourbon (+14.1% up from +12.3% last month) and Canadian Whiskey (+16.3% versus +13.0% last month) are both way up. Meanwhile, vodka sales increased just…
California bartenders may be required to wear disposable gloves or use utensils to make drinks under a new food safety law. The California Retail Food Code went into effect at the beginning of 2014 requires chefs and all other culinary workers to wear disposable gloves or use utensils such as tongs, when handling “ready-to-eat” foods. The Code reads as follows:…
A new bill in Florida being proposed will repeal the prohibition against beer tastings at off-premise establishments, like Costco and Publix, where beer is obviously sold. Florida craft brewers are permitted to have a tasting room next to their brewhouses, but permitting beer tastings at off-premise retailers will no doubt increase sales. Just like the consumer sampling rules for liquor,…
The continuing trend of celebrity-endorsers continues with Diddy and DeLeón and Justin Timberlake with Sauza 901. Diageo formed a joint venture with Sean “Diddy” Combs to buy DeLeón, a premium tequila brand. Diageo will add DeLeón to its tequila portfolio, which already includes Don Julio. Tequila priced at more than $60 a bottle — of which DeLeón does — makes…
