McDermott Will & Emery
Subscribe to McDermott Will & Emery's PostsThe Intersection of Spirits and Marijuana
By McDermott Will & Emery and McDermott Will & Emery on Dec 15, 2017
Posted In Advertising and Marketing, Cannabis, Food Safety and FDA, Legislation, TTB COLAs and Formulas
In the past three years, TTB has approved an increasing number of certificate of label approvals (“COLA”) for hemp-flavored vodka, from Mill Six’s hemp, white tea and ginger flavored vodka to Olde Imperial Mystic’s hemp infused vodka. Distillers have designed labels with green smoke-like images and psychedelic sixties-style lettering to hint at their cultural connection...
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Government Affairs Extra | Craft Beer and Marijuana
By McDermott Will & Emery and McDermott Will & Emery on Nov 21, 2017
Posted In Advertising and Marketing, Cannabis, Food Safety and FDA, Legislation, TTB COLAs and Formulas
It’s hard to deny that marijuana has a cultural connection with craft beer, or at least with substantial segments of the craft brewing community. Many craft brewers have signaled to their fans that they know a thing or two about the rituals and lingo of marijuana consumption. But with the legalization of recreational cannabis by...
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FDA’s Delay of the Menu Labeling Rule Challenged
By McDermott Will & Emery on Jun 29, 2017
Posted In Advertising and Marketing, Food Safety and FDA
Two consumer advocacy groups recently sued the Food and Drug Administration (FDA) for delaying the compliance deadline for the agency’s 2014 menu labeling rule for a fourth time. The menu labeling rule requires menu items offered for sale in restaurants with 20 or more locations to disclose nutritional information and the number of calories in...
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The Trump Administration’s View on Marijuana: Reading the (Tea) Leaves
By McDermott Will & Emery and McDermott Will & Emery on Jan 18, 2017
Posted In Uncategorized
The incoming Trump Administration may usher in a more hostile climate to state efforts to legalize the sale and distribution of marijuana and products that contain the drug. The Obama Administration opposed the federal legalization of marijuana, but its enforcement approach, which focused on persons and entities whose conduct interferes with eight drug enforcement priorities,...
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FDA Brewery Inspections
By McDermott Will & Emery and McDermott Will & Emery on Jul 27, 2016
Posted In Food Safety and FDA
Most breweries have numerous dealings with the Alcohol and Tobacco Tax and Trade Bureau (TTB) and understand the need to comply with TTB regulations; this includes preparation for TTB audits and inspections. But the TTB is not the only federal agency with the authority to conduct a brewery inspection. The Food and Drug Administration (FDA)...
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FDA Delays Enforcement of Restaurant Menu Labeling Rule
By McDermott Will & Emery, Christopher M. Lahiff and McDermott Will & Emery on Mar 14, 2016
Posted In Food Safety and FDA
This week, the Food and Drug Administration’s (FDA) Director of the Center for Food Safety and Applied Nutrition (CFSAN) formally announced that the agency will delay enforcement of its final rule entitled “Food Labeling; Nutrition Labeling of Standard Menu Items in Restaurants and Similar Retail Food Establishments.” The statement marked the second time the agency...
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Ohio Court of Appeals Upholds a Successor Manufacturer’s Termination of a Distribution Franchise
By McDermott Will & Emery and McDermott Will & Emery on Mar 3, 2016
Posted In Distribution
The “successorship” provision of Ohio’s franchise law for alcohol beverages has spawned much litigation over the past two decades. Premium Beverage Supply, Ltd. v. TBK Production Works, Inc. represents the latest chapter of this saga, providing further clarity on several issues in the Ohio Alcoholic Beverage Franchise Act (Franchise Act). In Premium Beverage Supply, the...
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Update: FDA Extends Comment Period for Input on Uses of “Natural” in Food and Beverage Labeling
By McDermott Will & Emery on Dec 30, 2015
Posted In Advertising and Marketing, Food Safety and FDA
On December 28, 2015, the U.S. Food and Drug Administration (FDA) extended by 90 days the public comment period on the use of the term “natural” in food and beverage labeling. As discussed in an earlier post, the FDA is interested in receiving comments on the use of the term “natural” for foods that have...
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FDA Releases Guidance on Voluntary Labeling for Foods Derived from Genetically Engineered Plants
By McDermott Will & Emery on Nov 30, 2015
Posted In Advertising and Marketing, Food Safety and FDA
On November 23, 2015, the U.S. Food and Drug Administration (FDA) issued a guidance to assist food and feed manufacturers that would like to label their plant-derived food products or ingredients as produced with or without the use of genetic engineering. On a voluntary basis, a manufacturer may choose to label its food as produced...
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FDA Seeks Input on Uses of “Natural” in Food and Beverage Labeling
By McDermott Will & Emery on Nov 25, 2015
Posted In Advertising and Marketing, Food Safety and FDA
Earlier this month, the U.S. Food and Drug Administration (FDA) invited public comments on uses of the term “natural” in food and beverage labeling and whether “natural” should apply only to “unprocessed” foods. The FDA’s definition of “food” includes alcohol beverages. The FDA’s current policy is not to restrict use of “natural” unless a food...
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