When last we updated you on this lawsuit, the defendants, bourbon makers, had filed a motion to dismiss claiming there wasn’t a sound basis to conclude that the 8 (changed from 8 years to just an 8) at the top of the label and the further statement claiming that the bourbon was aged for “8 […]
It’s not just that some 20th Century laws are not equipped to handle 21st Century problems. (I read that in a Google ad a while back and still think it is a great statement.) Its that since the time when many of the problems asserted in the alcohol industry were the subject of “tied-house” and […]
As we said we would yesterday, here is the video of the oral argument that happened yesterday in Retail Digital Network, LLC, v. Director of Alcoholic Control Board, Applesmith (link is to our post from yesterday describing the case and why it is important to advertisers and brewers, vintners, and distillers.
Officially, you can view 9th Circuit oral arguments here the day after they occur. But that’s really not good enough, is it. So here is a Youtube Link to be able to watch the Courtroom Session as it occurs. The arguments are set for 1:00 p.m. Pacific Time today. In case you’ve had your head […]
In a recent and interesting challenge to the three-tiered system’s prohibition on “tied-houses” a winery owner looking to maintain an interest in some Iowa convenience stores made an interesting argument: since the convenience stores only sold beer and not wine, the mutual ownership didn’t violate the Iowa prohibition on tied-houses. Iowa, like most states has […]
How many whiskey brands advertise on their labeling with numbers that indicate the seasons the product was aged and not the years? At least one. Previously, Food and Beverage Legal . News covered a dispute over false advertising and misleading labeling allegations brought as a class action by a purchaser of Old Charter arguing that […]
The TTB’s new temporary rule, T.D. TTB-146 removes the bond requirements for breweries, wineries and distilleries that don’t pay more than $50,000 in excise taxes within the calendar year and that didn’t pay more than $50,000 in the prior calendar year. If your winery, distillery, or brewery fits, the bill, you can amend your notice/registration […]
While Illinois residents aren’t much closer to finally being able to receive direct shipments from Kermit Lynch (except to the extent that wonderful man sells anything from U.S. wineries). The provisions of new amendments to Illinois Wine Shipper’s license have made it easier for wineries to have third-parties appointed to ship on their behalf. Public […]