I had my first High Seas IPA at DTW and thought it was gloriously refreshing. So, I’m disappointed to learn that the assets that had a hand in creating it will be auctioned off tomorrow. For those of you looking for more information about this turn of events, the Lansing State Journal has an in […]
Ever take a look at BROP and scratch your head? Well, your life just got a whole lot better. The TTB has graciously acted on its mandate to help encourage voluntary compliance and put together a detailed tutorial for Brewery Audits that includes sections regarding inventory and reporting. The Section on the Brewer and Brew […]
It’s time to start thinking about how your business plans on meeting the requirements imposed by the Food Safety Modernization Act (FSMA). The FSMA was signed into law over a year ago and key provisions of this Act, along with some required rule-making, are going to be in full effect soon. The Act transforms […]
Chalk up another victory for those looking to have their flavored malt beverages taxed as beer and not as spirits. The Third District Appellate Court in California has reversed a decision by a district court there that declared the California State Board of Equalization’s determination that flavored malt beverages were distilled spirits and should be […]
Your recipes, formulas, labeling, logos, slogans, design and packaging – everything that goes into your identity as a company is something you need to protect. You know that missteps in advertising can kill your brand. Certainly you’d never repeat the types of mistakes (these types) that were part of the infamous “Drink Schlitz or I’ll […]
The Craft Beer Exchange happens to be one of the best kept non-secrets that Sunoco patrons in New York and South Carolina benefit from. Sunoco’s foray into the world of craft beer through the Craft Beer Exchange isn’t just a brilliant marketing ploy. The Craft Beer Exchange increases the sales of taxable product throughout the […]
In an informative opinion for anyone shipping their product to Missouri for distribution by a wholesaler, the 8th Circuit Court of Appeals has rejected a wholesaler’s attempt to avail itself of the Missouri franchise protection statutes for that second tier of the three-tier system based on the fact that the parties didn’t actually create a franchise agreement that would allow for the protections because the wholesaler didn’t get a trademark license with its distribution agreement.
Anyone wanting to avoid the protectionist statutes that would keep you from changing distributors in Missouri will want to be familiar with this opinion as a way to possibly avoid Section 407.413 of the Missouri Revised Statutes which has provisions that would, like many states, protect the wholesaler unless the amorphous “good cause” can be shown. Two important provisions of this section read as follows:
2. Notwithstanding the terms, provisions and conditions of any franchise, no supplier shall unilaterally terminate or refuse to continue or change substantially the condition of any franchise with the wholesaler unless the supplier has first established good cause for such termination, noncontinuance or change.
3. Any wholesaler may bring an action in a court of competent jurisdiction against a supplier for violation of any of the provisions of this section and may recover damages sustained by such wholesaler together with the costs of the action and reasonable attorney’s fees.
Anyone interested in some public support and the possibility of offers or low interest financing for funding an expansion or a project will want to attend the Freeborn & Peters webinar on these financial incentives. Set for March 14 at 10:30 a.m. cst More info can be found here.