New TTB Ruling: Brewers Don’t Need Certificate of Label Approval for Beer Sold or Shipped in the State Where It Was Bottled

Some fun news during CBC.  The first Malt Beverages Ruling of 2013, TTB Ruling 2013-1, is an interesting one.  The actual holding is excerpted verbatim for you below.  Beer made and sold in the same state doesn’t require certificate of label approval.  The other required labeling information for beer removed from the premises, (25 CFR […]

Whisky Dispute Poses an Interesting Question About Comparative Advertising Limits

Just how far can you go in a commercial pitting your product against a competitor’s?  We may be set to find out soon. Yesterday a federal judge entered a scheduling order setting an introductory timeline in a comparative advertising case between the makers of Crown Royal and Texas Crown Club whiskies. The dispute arises over […]

TTB Updates Website And Offers Clarity for Ingredients and Processes Exempt from Formula Requirements under 27 CFR part 25

In a welcome move to further clarify some of the processes and ingredients that do, and do not, require brewers to seek formula approval (approval is necessary when you stray from “traditional” brewing processes), the TTB recently updated the “Other Beer Resources” section of their website.  Rather than force you to hunt for the information, […]

Court Allows Winery To Proceed On Refund Claim Against the U.S. For Excise Taxes Paid By Bonded Warehouse

What entity has the right to pursue a refund for overpayment when a bonded warehouse overpays taxes on a winery’s inventory?  This question about the Small Producers Tax Credit on Wine (26 USC §5041) is at the center of a recent case from the Eastern District of Washington. K Vintners brought this complaint against the […]

Challenge to The 3-Tier System Inevitable as Illinois Legislature Introduces Bill to Revoke Anheuser’s Stake in City Beverage

Illinois could soon find itself again at the center of the ongoing national debate over the three-tiered system.  And that debate will involve the same two parties as last time. I’m sure you all recall the 2010-2011 Anheuser Busch case in Illinois where a Federal District Court found that a previous iteration of Illinois’ Liquor […]

Fire Water Trademark Dispute Heats Up Some Interesting Claims About the Age-Old Term

When Sazerac sued Hood River Distillers over a trademark dispute alleging there’d be confusion between Hood’s cinnamon whiskey “Sinfire” and Sazerac’s Firewater and Fireball liquors, it got a lot of press.  As with most legal battles, that initial press petered out and the case has been progressing without any more fanfare. Quite a few people […]

Wineries Get Guidance on Water Agreements From a Recent California Opinion

Access to water is a paramount need in running a winery (or any beverage business for that matter).  That water might come from a source on your land, or might be the subject of various agreements or arrangements between you and another owner.  Whatever the case, if you find yourself drafting a water and drainage […]