H.R. 5034, the Comprehensive Alcohol Regulatory Effectiveness (“CARE”) Act, has recently undergone a change in its text. The new text of the bill reads as follows: “State or territorial regulations may not intentionally or facially discriminate against out-of-state or out-of-territory producers of alcoholic beverages in favor of in-state or in-territory…
The TRIPS Agreement and the Wine Industry
When considering international relations with respect to the wine industry, most literature recites the Agreement on Trade-Related Aspects of Intellectual Property Rights (commonly called the “TRIPS Agreement”). Generally speaking, the TRIPS Agreement creates standards of intellectual property (“IP”) regulation amongst other members of the World Trade Organization (“WTO”). This agreement…
Group Sues San Diego County on New Winery Policy
On September 3, 2010, the San Diego Citizenry Group, on behalf of various property owners throughout San Diego, brought suit against San Diego County’s Board of Supervisors challenging a new ordinance approved on August 4, 2010. The ordinance reportedly creates a more manageable process for wine growers to open wine-tasting…
One Woman Winery is of Unparalleled Taste
One of my favorite wineries on the North Fork of Long Island (and trust me, it can be difficult at times to choose) is One Woman Wines & Vineyards. As a woman who values architectural beauty and ambience during her wine tastings, my list of favorites generally reflects larger Long…
Agreement Between Australia and the European Community on Trade in Wine
Just to clarify a prior post of On Reserve, the 1994 wine agreement between the European Community and Australia that prevented Australia from producing wine of particular GIs did name several of the wines mentioned in the most recent agreement between the two powers. These GIs, under Article 8 of…
Class Action Law Suit Against Constellation Brands Inc. for the Sale of Fraudulent Pinot Noir
Over the last few months, there has been an ongoing class action claim against Constellation Brands Inc. (of Victor, NY) for selling fraudulent Pinot noir in the United States from a French supplier. Constellation Brands is one of the largest sellers and manufacturers of wine in the world and sells…
Australia Adopts EU’s Geographical Indication System
This last week, Australia signed an agreement with the European Union to comply with the geographical indication (“GI”) system of the EU. The new agreement replaces an agreement signed in 1994 between the two wine powers and protects eleven of the EU drink labels and 112 of the Australian GI’s….
The Alcohol Beverage Legal Environment Post-Granholm
This article gives rise by suggestion of Tom Wark of Fermentation. It explores the legal environment, post-Granholm, relative to the constitutionality of the several state liquor regulatory laws and the underlying effect of the Supreme Court’s holding in Granholm. These three cases include Siesta Village Market LLC v. Steen, 595…
Wine Legislation Brewing in California
Recently, California legislators approved a proposed wine label law for those wine products of Sonoma County that will subsequently require vitners to place “Sonoma County” on any wine label that names a local appellation. The bill, Assembly Bill 1798, passed in the state Senate 36-0 on Monday and in the…
In Vino Veritas: In Wine There is Truth
In recent years, China has become one of the greatest markets for American wine exports. In 2003, China imported over 1.2 millions liters of American wines, making it the 24th largest market for American wine exports. (See New Opportunities in China for American Wine Producers.) In May of this last…