McDermott Will & Emery
Subscribe to McDermott Will & Emery's PostsLabeling and Advertising Gluten-Free Beer
By McDermott Will & Emery on Jul 23, 2015
Posted In Advertising and Marketing, Food Safety and FDA, TTB COLAs and Formulas
In the past decade, millions of Americans have converted to gluten-free diets. Originally a practice dictated solely by the medical needs of those who suffer from celiac disease, gluten-free has entered the mainstream. This article will explore the evolving and somewhat uncertain status of labeling and advertising beer as “gluten-free.” Read the full article, originally...
Continue Reading
Beyond the Basics: Tied-House Policy and Things of Value
By McDermott Will & Emery on Apr 9, 2015
Posted In Advertising and Marketing, Trade Practices
The Fall 2014 issue of Artisan Spirit introduced readers to the unusual and rather complicated legal concepts arising from the “tied-house” laws. It covered the general concepts of: a) separating the retail tier from the upper tiers of the industry b) federal and state regulation in this area c) the federal scheme prohibiting “inducements” leading...
Continue Reading
Third Circuit Affirms MillerCoors Victory in Wholesaler Contract Dispute
By McDermott Will & Emery on Mar 3, 2015
Posted In Distribution
On Wednesday, February 25, 2015, the U.S. Court of Appeals for the Third Circuit issued its opinion in Frank B. Fuhrer Wholesale Co. v. MillerCoors LLC, No. 14-1008 (3d Cir. 2015), finding in favor of MillerCoors LLC (MillerCoors) that the brewer did not violate its contract with Frank B. Fuhrer Wholesale Co. (Fuhrer) or Pennsylvania’s...
Continue Reading
Buying and Selling a Craft Brewery
By McDermott Will & Emery on Feb 27, 2015
Posted In Advertising and Marketing, Alcohol Excise Taxes, Distribution, TTB COLAs and Formulas
Few craft brew entrepreneurs contemplate selling their business when they first get started. Unlike, for example, the typical entrepreneur in the software industry, the craft brewers we know were inspired by the love of great beer, a spirit of adventure, and the romance of creating a small manufacturing business. But the life cycle of most...
Continue Reading
TTB Publishes Semi-Annual Regulatory Agenda with Plans and Goals for the Coming Year
By McDermott Will & Emery on Feb 9, 2015
Posted In Advertising and Marketing, Alcohol Excise Taxes, Import/Export, Non-Beverage Alcohol, TTB COLAs and Formulas
Late last year, the Alcohol & Tobacco Tax & Trade Bureau (TTB) published its semi-annual regulatory agenda in the Federal Register. The agenda provides useful insights into TTB’s regulatory plans and goals for the coming year. As in prior years, however, observers should recognize that TTB often announces ambitious regulatory plans and deadlines that it...
Continue Reading
Supreme Court to Decide Important Administrative Law Issue
By McDermott Will & Emery on Nov 13, 2014
Posted In Advertising and Marketing, Alcohol Excise Taxes, Food Safety and FDA, TTB COLAs and Formulas
On December 1, 2014, the United States Supreme Court will hear oral argument in a case that will have significant implications for federal regulatory agencies like the U.S. Food and Drug Administration (FDA) and the Alcohol and Tobacco Tax and Trade Bureau (TTB). The case is Mortgage Bankers Ass’n v. Harris, 720 F.3d 966 (D.C....
Continue Reading
Supreme Court’s 2014-15 Term: Case Will Test an Important Limitation on the Ability to Challenge State Tax Laws
By McDermott Will & Emery on Oct 30, 2014
Posted In Alcohol Excise Taxes, Distribution
On December 8, 2014, the United States Supreme Court will hear oral argument in a case that could have significant implications for the ability to use the federal courts to challenge state attempts to tax remote sellers of goods. In Direct Marketing Association v. Brohl, 735 F.3d 904 (10th Cir. 2013), the Tenth Circuit Court...
Continue Reading
Supreme Court’s 2014-15 Term: Antitrust Case May Impact the Activities of Alcohol Industry Public/Private Organizations
By McDermott Will & Emery on Oct 17, 2014
Posted In Trade Practices
On October 14, 2014, the United States Supreme Court heard oral argument in a case that could have significant implications for hybrid public/private “regulatory” bodies. Many such bodies, like state and local wine commissions, operate in the alcohol beverage space. In North Carolina State Board of Dental Examiners v. Federal Trade Commission, 717 F.3d 359...
Continue Reading
Local Wholesaler-Retailer Dispute Has Federal Implications
By McDermott Will & Emery on Oct 16, 2014
Posted In Distribution, Trade Practices
On August 14, the U.S. District Court for the Southern District of Mississippi issued an opinion finding that state regulations bolstered one antitrust claim and hindered another in an ongoing dispute between a northern Mississippi convenience store chain, Major Mart, and an Anheuser-Busch InBev (ABI, a/k/a “Red Network”) distributor, Mitchell Distributing Company. In Mississippi, by...
Continue Reading
Tied-House Basics for Distillers
By McDermott Will & Emery on Sep 24, 2014
Posted In Advertising and Marketing, Trade Practices
Tied-house laws and related trade practice restrictions rank among the most baffling legal issues faced by a newcomer to the spirits industry. While issues like distribution contracts, labeling requirements, trademarks and taxes all have parallels in other businesses, tied-house laws have few analogs outside the drinks industry. This article, originally published in the Fall 2014...
Continue Reading
