Category Archives: TTB

harvested-agaves February 02

Use Tequila in Your Drink Name? You May Need to Use Another Name. U.S. Trademark Office Makes Tequila the Champagne of Agaves

Marie Gaytán’s “¡Tequila!: Distilling the Spirit of Mexico” is a grand exercise in contextualizing tequila historically, economically, and politically.  If you don’t start the book with an appreciation (and hankering) for tequila or mezcal as something that isn’t served with salt and lime, you will by the time you finish it.  The treatise renewed my […]

wine-beer-retail 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 […]

alcohol-money January 16

Brewers, Vintners, and Distillers Get Your Money Back! (or hold on to it longer) – Federal Bond Requirements and Tax Payment Timing Changed for Small Breweries, Wineries, and Distilleries

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 […]

import-export-alcohol 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 […]

What should wineries, craft brewers, and distillers know about advertising and labeling involving athletes and sports?

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You Need an Approved COLA Before You Have a Valid Trademark?

I’d say it goes without saying, but the recent expansion of wineries, breweries and distilleries and the coinciding increase in trademark disputes is evincing a contrary trend, so I guess I’ll say it, you need label approval (or recognized exemption) to have lawful sales that can count as your first use in commerce. And a […]

What Can Wineries, Breweries and Distilleries Expect From The TTB As a Result of the Government Shutdown?

So, what exactly does this shutdown mean for distillers, brewers and vintners?  Well, for starters, there won’t be any label approvals, permit approvals or formula approvals – so if you’ve got something new, maybe you keep it in state. Here’s the TTB’s Shutdown plan, it includes a summary listing of exempt v. non-exempt functions.  The […]

FDA Issues Final Rule On Meaning and Use of “Gluten-Free” Claims – Some Fermented Beverages Will Get Clarification Later

The FDA’s recent publication of a final rule defining “gluten-free” for voluntary food labeling provides some finality to those wondering whether the 20 parts per million (ppm) level proposed for product qualification in using terms like “gluten-free” would become the mandated level – it has. In addition to limiting the unavoidable presence of gluten to […]