On December 17, 2013, TTB issued a public guidance on Wine Export Certificates for U.S. wines that are exported to the People’s Republic of China. See General Instructions for “Wine Export Certificate” for U.S. Wine Products Exported from the United States to the People’s Republic of China. Previously, the People’s Republic of…
Category: Federal Law
Revisiting the Volstead Act: The Power Behind the Eighteenth Amendment for Prohibition
Happy National Repeal Day! In honor of the repeal of the National Prohibition Act on December 5, 1933, we thought it appropriate to re-post an article originally written two years ago on the Volstead Act. See Revisiting the Volstead Act: The Power Behind the Eighteenth Amendment for Prohibition; see also Revisiting the Roads to…
Eighth Circuit Affirms Decision Against Southern Wine & Spirits Allowing Discrimination Against Out-of-State Wholesalers
In September, the Court of Appeals for the Eighth Circuit decided a case with respect to wholesale licensing in the state of Missouri. Southern Wine and Spirits of America, Inc. (“SWSA”), the plaintiff-appellant, appealed from a lower court decision. The plaintiff-appellant, a foreign alcohol wholesaler, applied for a license to…
Prêt à Boire: A Mark “Ready to Register” on the USPTO Supplemental Register
On September 30, the United States Patent and Trademark Office Trademark Trial and Appeal Board issued a decision, In Re Amuse Bouche LLC, for Trademark Application No. 77965809, originally filed March 23, 2010. See In Re Amuse Bouche LLC, Application No. 77965809 (September 30, 2013). Scott Bibb was the Trademark Examining Attorney and the…
A Scarlet and The Scarlet Letter: The Story of In re Steele Wines, Inc.
In July of 2012, Steele Wines, Inc. filed an application to register a mark with the U.S. Patent and Trademark Office asserting use in commerce since May 2012. See 15. U.S.C. § 1051(a). The mark, which is pictured below, features the words, “A Scarlet 2009 Lake County Red Wine” with a woman in…
TTB to Review its Policy on the Term “Gluten-Free” for Alcohol Beverage Labeling
On August 22, 2013, TTB announced that the agency will be reviewing its policy on the use of the term “gluten-free” on alcohol beverages that are regulated by TTB. See Use of “Gluten-Free” on TTB-Regulated Alcohol Beverages. This announcement is timely because, as TTB properly highlighted, the United States Food and Drug…
Revisited: Granholm v. Heald and the Wine Industry
This blog entry was originally posted on August 7, 2010, five years after the Supreme Court decided a major case impacting the wine industry. The decision Granholm v. Heald remains important to the wine industry and provides great context for the types of legal issues the American wine industry faces on a…
FSMA: What This Acronym Means to the Wine Industry
What does FSMA mean to the wine industry? How should wineries prepare for an FDA inspection? What is an FDA inspection for wine?
Revisiting the Roads to Prohibition: The Maine Laws
One of the most interesting time periods in the American history of alcohol beverage regulation is Prohibition; but the road to Prohibition was not paved overnight. Perhaps the most significant time period is the years prior to the national prohibition on the sale, transportation or manufacture of alcohol beverages within the…
Criminal Law, Constitutional Law, and Litigation in the Context of Wine and the Law
The last week presented three very different stories in the context of wine the law, ranging from criminal law to constitutional law issues. The most pertinent are summarized below. On the wine law docket for the week of January 14, 2013: Chateaux Commence Legal Action Against St. Emilion Classification: This…