McDermott Will & Emery
Subscribe to McDermott Will & Emery's PostsDistrict Court Dismisses Pending Trade Practice Case, With Leave to Amend
By McDermott Will & Emery on Apr 23, 2018
Posted In Distribution, Trade Practices
This month, the United States District Court for the Northern District of California issued an opinion in Arena Restaurant and Lounge, Inc. v. Southern Glazer’s Wine and Spirits, No. 17-CV-03805-LHK. The Arena case, also called Nguyen after its original named Plaintiff, seeks to certify a class action against Southern Glazer’s for a wide range of...
Continue Reading
TTB in a Deregulatory Mood
By McDermott Will & Emery on Apr 18, 2018
Posted In Advertising and Marketing, Alcohol Excise Taxes, Trade Practices, TTB COLAs and Formulas
Changes in Administration and other political shifts can have subtle and, occasionally, not-so-subtle influences in the Alcohol and Tobacco Tax and Trade Bureau (TTB) policies and priorities. In the article, “TTB in a Deregulatory Mood” published by Artisan Spirit, Marc Sorini explores how the Trump Administration’s desire to reduce regulatory burdens on business has already...
Continue Reading
ABI/SAB Miller Deal: DOJ Clarifies Best Efforts Clause in Proposed Final Judgment
By McDermott Will & Emery on Mar 27, 2018
Posted In Distribution
As most members of the alcohol and beverage industry are aware, Anheuser-Busch InBev (ABI) acquired the global holdings of SABMiller in a more than $100 billion merger in October 2016. The Department of Justice (DOJ) required ABI to divest SABMiller’s United States business, including its ownership interest in MillerCoors. Since November 2016, the parties have...
Continue Reading
Federal District Court Rejects Craft Brewers’ Equal Protection and Due Process Challenge of Texas’ Ban on Brewer Off-Premises Retailing
By McDermott Will & Emery on Mar 26, 2018
Posted In Distribution, Legislation, Trade Practices
On March 20, 2018, a federal district court in Texas issued an opinion in Deep Ellum Brewing, LLC, et al. v. Texas Alcoholic Beverage Commission. The court delivered a blow to Texas craft brewers, upholding Texas’ prohibition on sales of beer by brewers to consumers for off-premises consumption. Texas authorizes the manufacture and sale of...
Continue Reading
TTB Publishes Additional Tax Act Guidance on 5010 Wine and Flavor Credits
By McDermott Will & Emery on Mar 23, 2018
Posted In Alcohol Excise Taxes
Today, TTB published additional Tax Act guidance on its website. Three new clarifications address the interaction of the new Tax Act rates/credits with the wine and flavor credits available under 26 U.S.C. § 5010. The clarifications are: TTB re-confirms that the 5010 credit applies to spirits subject to the Tax Act’s reduced rates, but the...
Continue Reading
Durational-Residency Requirements for Alcohol Beverage Retail Licensees Held Unconstitutional
By McDermott Will & Emery on Mar 6, 2018
Posted In Distribution, Trade Practices
On February 21, 2018, the US Court of Appeals for the Sixth Circuit published its opinion in Byrd v. Tennessee Wine and Spirits Retailers Association, No. 17-5552. The decision, which includes a partial dissent, affirms a Middle District of Tennessee decision finding that the “durational-residency” (residency) requirements imposed by Tennessee law for alcohol beverage retail...
Continue Reading
TTB Issues Further Alcohol Excise Tax Guidance
By McDermott Will & Emery on Mar 5, 2018
Posted In Alcohol Excise Taxes, Import/Export, Legislation
On Friday, March 2, 2018, Alcohol and Tobacco Tax and Trade Bureau (TTB) issued its next round of guidance concerning the alcohol excise tax provisions of the recently enacted tax law (Tax Act). TTB has not yet addressed some of the biggest ambiguities contained in the Tax Act, such as (i) how foreign producers can...
Continue Reading
District Court Issues Opinion in Old Charter Bourbon False Advertising Class Action
By McDermott Will & Emery on Feb 20, 2018
Posted In Advertising and Marketing, TTB COLAs and Formulas
On February 5, 2018, the US District Court for the Eastern District of Missouri issued an opinion in one of the many false advertising class actions brought against the industry in the past five years. Penrose v. Buffalo Trace Distillery, E.D. Mo. 4:17-cv-00294-HEA, involves the labeling of Old Charter bourbon. For years, Old Charter sold...
Continue Reading
President’s FY 2019 Budget Would Give TTB Criminal Authority over Alcohol
By McDermott Will & Emery on Feb 14, 2018
Posted In Legislation
Earlier this week the Trump Administration presented its Fiscal Year 2019 Budget Proposal. While many portions of a president’s proposed budget do not get enacted, such proposals provide insight into the thinking of the administration. With respect to the alcohol beverage industry, the budget proposal would transfer to the Alcohol and Tobacco Tax and Trade...
Continue Reading
Additional TTB Tax Act Guidance
By McDermott Will & Emery on Feb 5, 2018
Posted In Alcohol Excise Taxes, Import/Export, Legislation, Non-Beverage Alcohol
On Thursday evening, February 1, the Alcohol and Tobacco Tax and Trade Bureau (TTB) released additional FAQ guidance on the alcohol excise tax provisions of the 2018 tax reform (the Tax Act).
Continue Reading
