As the alcohol beverage industry continues to grow and evolve, 2024 is shaping up to be a year of significant legal developments and trends. For wineries, breweries, distilleries, cideries, and meaderies, understanding the key legal changes and emerging issues is crucial to staying compliant and competitive. In this year-in-review post,…
Category: Federal Law
TTB Broadens List of Beer Ingredients Exempt from Formula Approval Requirements through TTB Industry Circular 2024-2
The Alcohol and Tobacco Tax and Trade Bureau (“TTB”) released Industry Circular 2024-2 on December 5, 2024, which provides an expanded list of beer ingredients exempt from formula approval requirements. The new Circular added 24 additional ingredients that brewers can use in their beers without needing to obtain a formula…
TTB to Hold Listening Sessions for Alcohol Nutritional Information, Allergens, and Ingredients
Earlier this week, TTB announced its intention to hold two virtual listening sessions this month to hear industry concerns regarding alcohol nutritional information, allergens, and ingredients. Nutritional information, allergen, and ingredients statements are generally not required on alcohol beverages falling within TTB’s labeling jurisdiction. For products that make certain types…
Proactive Legal and Compliance Steps for Wineries in a COVID-19 Environment
In a world where the spread of COVID-19 is increasing and where consumers and businesses alike have encouraged “social distancing,” it is not without many sacrifices. The wine industry and other service-based businesses are certainly not immune and must be creative during a time where consumers and workers are staying home….
CLE International Conference on Wine, Beer & Spirits Law in Charlotte, North Carolina
CLE International is hosting its annual Wine, Beer, and Spirits CLE. This year, the program will take place in Charlotte, North Carolina on September 16th and 17th at the Le Meridien hotel. Attendees can earn up to 12 hours of MCLE credits including one hour of ethics. This year’s conference is subtitled Developments & Trends in…
Supreme Court Says Tennessee Law Requiring Citizenship for Alcohol Retail License is Unconstitutional
Today, the Supreme Court struck down on a Tennessee regulation that requires residency of two years for applicants applying for an in-state retail alcohol license. In a 7-2 decision, the Court reasoned that, while the 21st Amendment extends states the right to regulate sales of alcohol within state border, there…
Minnesota Winemakers Question the Constitutionality of Grape Source Requirements
Owners of two Minnesota wineries are challenging the state’s law which limits wine production by Minnesota-licensed farm wineries to predominantly Minnesota-grown grapes. In 2017, Alexis Bailly Vineyard and Next Chapter Winery challenged a provision of the state’s law and argued that the law is a violation of the U.S. Constitution’s interstate commerce…
Oregon May Soon Tighten its Wine Law for Wines Produced or Bottled in Other States
A bill was introduced to the Oregon Senate last week which proposes to amend several sections of the Oregon Revised Statutes, namely ORS 471.445 and ORS 471.446. The Senate Bill, SB 111-1, proposes significants changes to the Oregon Revised Statutes with respect to wine labeling, many of which will directly impact wineries located…
TTB Suspends Multiple Permits for Consignment Sales
Last week, TTB reported that the agency suspended six (6) alcohol beverage permits between December 2018 and January 2019 for violations of consignment sale provisions of the Federal Alcohol Administration Act. Four wine wholesalers and two wineries faced a one-day stipulated permit suspension; a fifth wholesaler who was under investigation opted to…
Formula Wines: Enology & Regulatory Issues at 2019 Eastern Winery Expo
Join Denise Gardner of Denise Gardner Winemaking and me at the 2019 Eastern Winery Expo in Syracuse, New York March 19th through 21st for a discussion on formula wines and their enology and regulatory issues. A description of our event is provided below. Formula wines (those with non-wine flavorings like vanilla, chocolate or colors added) are taking…