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…
Category: Federal Law
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…
California Winery Could Be Non-Compliant with TTB’s AVA Labeling Regulations
According to Wine Business, the Oregon Liquor Control Commission (“OLCC”) submitted a letter to TTB in regard to a Napa Valley wine company’s alleged non-compliance with TTB labeling and advertising regulations. The complaint argues that the Elouan and The Willametter wines produced by Copper Cane LLC of Rutherford, California—which boast Oregon…
Supreme Court Grants Cert to A Granholm-Like Case for Retailers
On Thursday, September 27, 2018, the Supreme Court granted cert to a new case involving Granholm-like issues for the alcohol beverage wholesale and retail tiers. See Certiorari Granted. The case, Tennessee Wine and Spirits vs. Byrd Clayton, stems from a Tennessee law which requires in-state retail license applicants to satisfy residency requirements. The law…
Are Night and Noche Likely to Cause Confusion for Wine?
The USPTO Trademark Trial and Appeals Board (“TTAB”) recently issued two relevant decisions to the wine industry. The decisions are summarized below. In re En Primeur Wines, Inc., Serial No. 87170488 (July 18, 2018) [not precedential]: En Primeur Wines, Inc. (“Applicant”) sought registration on the Principal Register of the mark MY…
Recent USPTO Trademark Decisions Relating to Alcohol Beverages
The USPTO Trademark Trial and Appeals Board (“TTAB”) recently issued three relevant decisions to the wine, beer, and spirits industries. The decisions are summarized below. In re El Galan, Inc., Serial No. 86961428 (February 1, 2018) [not precedential]: El Galan, Inc. (“Applicant”) sought registration of the mark TERNURA in standard…
TTB Revises Guidance Document on Personalized Labels
On September 5, 2017, TTB issued a new public guidance document, TTB G 2017-2, for personalized labels which the agency said supersedes its prior guidance TTB G 2011-05 but does not “completely change the underlying policy.” See TTB Public Guidance, TTB G 2017-2, Personalized Labels. Per TTB, the new guidance…
Federal Compliance Update at the 2018 Eastern Winery Expo
Join Marybeth Williams of Williams Compliance and me at the 2018 Eastern Winery Expo in Lancaster, Pennsylvania March 6th through 8th for an update on federal winery compliance. A description of our event is provided below. “They want me to do WHAT!?!?” How to remain afloat in the winding river of…
TTB Opens Comment Period for Three Proposed Wine Rules
On Wednesday, October 11, 2017, TTB announced that it would reopen comment period for three relevant proposed rules for the wine industry. The proposed rules were originally published in the Federal Register in 2016. The following rules have their comment periods reopened: Notice No. 160, Proposed Revisions to Wine Labeling and…
Cider Chat and Cider Law
I was recently interviewed in a podcast by Ria Windcaller of Cider Chat. We had a one-hour discussion on cider law, obtaining permits with TTB, labeling, advertising, social media, and various other topics that impact the cider community. It was a great experience, and the chat is available to listen…