McDermott Will & Emery
Subscribe to McDermott Will & Emery's PostsHard Cider for Brewers
By McDermott Will & Emery on Jul 15, 2014
Posted In Advertising and Marketing, Distribution, Food Safety and FDA, TTB COLAs and Formulas
Hard cider has shown phenomenal growth in the past several years. With rising consumer demand, more and more craft brewers are entering this rapidly expanding market. Although hard cider is typically distributed and marketed like a beer product, the federal government and most states actually tax and regulate cider as a type of wine. Brewers...
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Distilling 101 for Brewers
By McDermott Will & Emery and McDermott Will & Emery on Jul 3, 2014
Posted In Advertising and Marketing, Alcohol Excise Taxes, Distribution, TTB COLAs and Formulas
The craft distilling movement is growing rapidly. Indeed, the torrid pace of new distillery openings and the boundless enthusiasm of new entrants seem strangely reminiscent of craft brewing (then “microbrewing”) in the late 1980s and early 1990s. Craft distillers even have a simmering product integrity issue (the use of purchased neutral spirits) that splits the...
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New TTB FAQs on Sugar Claims
By McDermott Will & Emery on Jul 2, 2014
Posted In Advertising and Marketing, TTB COLAs and Formulas
On Tuesday, July 1, 2014, the Alcohol and Tobacco Tax and Trade Bureau (TTB) released new Frequently Asked Questions (FAQs) concerning sugar claims made on labels and in advertising. The FAQs articulate, for the first time, a clear TTB policy on the subject and apply to all malt beverages (e.g., beer), wines and distilled spirits...
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Legal Considerations of Warehousing Spirits
By McDermott Will & Emery on Jun 27, 2014
Posted In Alcohol Excise Taxes, Distribution, Import/Export
Warehouses aren’t exciting or sexy. In fact, they are usually boring to look at and think about. But a surprising amount of specialized alcohol beverage law surrounds the use of warehouses for the storage of distilled spirits. This article, originally published in the Spring 2014 issue of Artisan Spirit, will briefly explore some of the...
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Regulation of Social Media by TTB
By McDermott Will & Emery and McDermott Will & Emery on Jun 18, 2014
Posted In Advertising and Marketing, TTB COLAs and Formulas
Facebook and similar types of social media have become increasingly popular as a promotional tool for craft brewers. Ease of setup, simplified maintenance, the lure of almost immediate exposure to the general public and the ability to reach targeted audiences all make social media extremely attractive. Craft brewers use social media to introduce new products,...
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Franchise Law for the Craft Distiller
By McDermott Will & Emery on Jun 12, 2014
Posted In Distribution
Mastering distribution is as important to a successful distiller as mastering distilling, packaging or advertising. In a heavily-regulated industry, this requires knowledge of the applicable laws and regulations. This article, originally published in the Winter 2013 issue of Artisan Spirit, explores, albeit at a very general level, how to manage one important category of those...
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TTB Issues Ruling on Formulas for Beer
By McDermott Will & Emery and McDermott Will & Emery on Jun 6, 2014
Posted In Food Safety and FDA, TTB COLAs and Formulas
On June 5, 2014 the Alcohol and Tobacco Tax and Trade Bureau (TTB) issued TTB Ruling 2014-4, exempting from TTB’s formula and pre-import approval (PIA) submission requirements beer made with dozens ingredients as well as beer subjected to wood aging processes. TTB now finds these ingredients and processes to be traditionally used in the production...
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Five Common Franchise Law Myths
By McDermott Will & Emery on Jun 4, 2014
Posted In Distribution
Most people working for a U.S. packaging brewery are aware of so-called beer “franchise” laws. Such legislation—enacted in some form in most U.S. states—limits or restricts the ability of a brewer to change distributors. The author leaves for another article any discussion of the fairness and logic of such enactments. For now, this article explores...
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The Legal Aspects of Barrel Aging Distilled Spirits
By McDermott Will & Emery on May 28, 2014
Posted In Advertising and Marketing, TTB COLAs and Formulas
Distillers have used barrels to age whiskies, brandies and other distilled spirits for centuries. Today, American craft distillers increasingly seek to innovate and extend their product offerings by barrel aging spirits, both traditional (e.g., whiskies) and non-traditional (e.g., barrel-rested cocktails). Not surprisingly, the thicket of alcohol beverage laws and regulations impose certain requirements and place...
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Proposed FDA Labeling Revisions Would Impact Wines Below 7 Percent ABV and Certain Non-Malt Beers
By Christopher M. Lahiff and McDermott Will & Emery on Mar 17, 2014
Posted In Food Safety and FDA, TTB COLAs and Formulas
On March 3, 2014, the Food & Drug Administration (FDA) published a Notice of Proposed Rulemaking (NPRM) that, if and when finalized, would make important changes to the labeling of all foods subject to FDA’s primary labeling jurisdiction. While most alcohol beverages fall under the primary labeling authority of the Alcohol and Tobacco Tax and...
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