Category Archives: Regulations

February 17

Hard Cider Gets Harder As Changes to Hard Cider Get Addressed in New TTB Temporary Rule for Public Comment

The TTB has proposed and is seeking public comment on modifications to the definition and treatment of Hard Cider through temporary rule, T.D. TTB–147, based on requirements set out in the PATH Act. You can find the full Notice of Proposed Rulemaking here.  You can read the Temporary Rule here. The summary from the Temporary […]

January 25

A Win for Rational Thought In Alcohol Advertising – 8th Circuit Asks District Court to Consider Whether There’s A Correlation Between Alcohol Advertising Regulations and Their Intended Objectives In Order to Satisfy First Amendment Scrutiny

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 […]

January 20

Oral Argument Video of Challenge to Alcohol Advertising Tied-House Regulations at 9th Circuit

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.

January 19

Tied-House Challenge To Allow Alcohol Advertising Payments to Retailers Has Oral Argument In Front of En Banc 9th Circuit – Here’s a Live Link!

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 […]

January 18

Is it really a “tied-house” if your alcoholic beverage category isn’t sold by the retailer?

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 […]

January 11

TTB Finalizes Rule For Brewers, Vintners, Distillers, and Others Regarding Import / Export Procedures

Get ready to use a single interface for all your import/export filing requirements. The rule, entitled Amendments To Streamline Importation of Distilled Spirits, Wine, Beer, Malt Beverages, Tobacco Products, Processed Tobacco, and Cigarette Papers and Tubes and Facilitate Use of the International Trade Data System (linked), governs use and implementation of the International Trade Data […]

A call for analyzing the 3-tiered system? NJ Court says alcohol regulations need to be revisited in light of changing conditions

There’s an quote from Justice Holmes’ The Path of the Law that goes “[i]t is revolting to have no better reason for a rule of law than that so it was laid down in the time of Henry IV. It is still more revolting if the grounds upon which it was laid down have vanished […]

Don’t get fined for being good – what you need to know about advertising your donations or partnerships with charities.

Before wineries, craft breweries or distillers partner with a local or national charity to do some good, make sure you check your state’s co-venturer statutes and get properly registered if you have any intention of telling people about your beneficence.  More that 40 states have commercial co-venturer statutes on the books that regulate the manner […]