T. Marshall Fawley III
Subscribe to T. Marshall Fawley III's PostsT. Marshall Fawley III focuses his practice on regulatory issues in the alcohol beverage industry as well as complex civil litigation. He counsels clients in matters relating to the sale and distribution of alcohol beverages, on both the state and federal level. His experience spans e-discovery, data privacy issues relative to antitrust litigation, Foreign Corrupt Practices Act investigations and white-collar criminal defense. Marshall has completed extensive training on the proper utilization of litigation technology and is recognized as a Relativity Review Specialist by kCura, the developers of Relativity. Read Marshall Fawley's full bio.
TTB Publishes New Nonbeverage Product Formula Form
By T. Marshall Fawley III and McDermott Will & Emery on Aug 19, 2019
Posted In Alcohol Excise Taxes, Non-Beverage Alcohol, TTB COLAs and Formulas
On August 12, 2019, the Alcohol and Tobacco Tax and Trade Bureau (TTB) published its updated Formula and Process for Nonbeverage Product, TTB Form 5154.1. The Nonbeverage Product approval process is critical to obtain “drawback” (a refund) on most of the alcohol excise tax on distilled spirits used to make such products deemed “unfit for...
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TTB Publishes Updated Guidelines for Formula Approvals for Domestic Producers and Importers
By T. Marshall Fawley III on Oct 12, 2018
Posted In TTB COLAs and Formulas
On September 18, 2018, the Alcohol and Tobacco Tax and Trade Bureau (TTB) issued TTB Industry Guidance 2018-10, a webpage consisting of questions and answers related to formulas. According to TTB, this new guidance “essentially replaces” Industry Circular 2007-4, which provided the framework for pre-COLA product evaluations. TTB has removed Industry Circular 2007-4 from its...
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TTB to Allow Proprietors to Request Alternating Premise Variances for Storage of Tax- and Non-Tax-Determined Commodities
By T. Marshall Fawley III on Jun 6, 2018
Posted In Alcohol Excise Taxes, Distribution
On May 16, 2018, the Alcohol and Tobacco Tax and Trade Bureau (TTB) issued Industry Circular 2018-3, allowing proprietors of distilled spirits plants (DSPs), bonded wine cellars (BWCs) and breweries to submit a request for a variance to the typical method for storing tax-determined and non-tax-determined products. Under TTB regulations, a proprietor designates areas of...
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TTB Expands COLA Allowable Revisions
By T. Marshall Fawley III on Apr 3, 2018
Posted In TTB COLAs and Formulas
TTB Industry Circular 2018-2, dated March 26, 2018, expanded the list of allowable revisions for approved Certificate of Label Approval (COLA) applications. The three new allowable revisions are to: Add, delete, or change between TTB approved responsibility statements; Add, delete, or change between TTB approved sustainable farming/environmental/eco-friendly claims; and Add, delete, or change between TTB...
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TTB Confirms PATH Act “Hard Cider” Compliance Extension
By T. Marshall Fawley III on Dec 1, 2017
Posted In Alcohol Excise Taxes
The Alcohol and Tobacco Tax and Trade Bureau (TTB) has confirmed that compliance with the temporary rule implementing the Protecting Americans from Tax Hikes Act of 2015 (PATH Act) (T.D. TTB-147), which changes the eligibility criteria for the “hard cider” tax rate, will be extended by one year. The new compliance deadline will be January 1,...
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TTB Issues Updated Guidance on Personalized Labels
By T. Marshall Fawley III on Oct 25, 2017
Posted In Advertising and Marketing, TTB COLAs and Formulas
Recently, the Alcohol and Tobacco Tax and Trade Bureau (TTB) issued an update to its existing public guidance on personalized labels. The current update clarifies the process for obtaining an approved COLA for personalized labels without requiring the applicant to resubmit the COLA application for certain changes made to the labels.
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TTB Reopens Comment Period for Three Notices of Proposed Rulemaking
By T. Marshall Fawley III on Oct 18, 2017
Posted In Advertising and Marketing, TTB COLAs and Formulas
On October 11, 2017, the Alcohol and Tobacco Tax and Trade Bureau (TTB) reopened the comment period for the following three notices of proposed rulemaking: Notice No. 160, Proposed Revisions to Wine Labeling and Record Keeping Requirements TTB proposes to amend the labeling and record keeping requirements of 27 C.F.R. part 24. The proposed rule...
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