A recent federal lawsuit filed by Ad Obscura LLC (The Obscure Distillery,) a California-based craft spirits producer, against the New York State Liquor Authority (“NYSLA”) could have significant implications for interstate liquor shipping regulations in the United States according to Food & Wine‘s April 21, 2025 article titled “This Lawsuit…
Category: Federal Law
TTB Proposes New Requirements for Mandatory Food Allergen and Alcohol Facts on Wine, Spirits, and Malt Beverage Labels
The Alcohol and Tobacco Tax and Trade Bureau (“TTB”) is revisiting its rulemaking on labeling alcoholic beverages with allergen information and Alcohol Facts, including per-serving alcohol content, calorie count, and nutrient details. In January 2025, TTB published Notice No. 238 and Notice No. 237 on the Federal Register, allowing for…
TTB Introduces New Standards of Fill for Wine and Distilled Spirits
On January 10, 2025, the Alcohol and Tobacco Tax and Trade Bureau (“TTB”) issued a final rule introducing new standards of fill for wine and distilled spirits containers. These amendments not only expand the allowable container sizes but also provide increased flexibility for industry members while offering consumers greater purchasing options. Key…
TTB Establishes New Standard of Identity American Single Malt Whiskey
The Alcohol and Tobacco Tax and Trade Bureau (“TTB”) issued a final rule, effective January 19, 2025, establishing “American single malt whisky” as an official type of whiskey produced in the United States. This decision follows petitions and comments from distillers and the American Single Malt Whisky Commission, aiming to…
2024 Year in Review: Key Legal Trends in the Alcohol Beverage Industry
As the alcohol beverage industry continues to grow and evolve, 2024 is shaping up to be a year of significant legal developments and trends. For wineries, breweries, distilleries, cideries, and meaderies, understanding the key legal changes and emerging issues is crucial to staying compliant and competitive. In this year-in-review post,…
TTB Broadens List of Beer Ingredients Exempt from Formula Approval Requirements through TTB Industry Circular 2024-2
The Alcohol and Tobacco Tax and Trade Bureau (“TTB”) released Industry Circular 2024-2 on December 5, 2024, which provides an expanded list of beer ingredients exempt from formula approval requirements. The new Circular added 24 additional ingredients that brewers can use in their beers without needing to obtain a formula…
TTB to Hold Listening Sessions for Alcohol Nutritional Information, Allergens, and Ingredients
Earlier this week, TTB announced its intention to hold two virtual listening sessions this month to hear industry concerns regarding alcohol nutritional information, allergens, and ingredients. Nutritional information, allergen, and ingredients statements are generally not required on alcohol beverages falling within TTB’s labeling jurisdiction. For products that make certain types…
Proactive Legal and Compliance Steps for Wineries in a COVID-19 Environment
In a world where the spread of COVID-19 is increasing and where consumers and businesses alike have encouraged “social distancing,” it is not without many sacrifices. The wine industry and other service-based businesses are certainly not immune and must be creative during a time where consumers and workers are staying home….
CLE International Conference on Wine, Beer & Spirits Law in Charlotte, North Carolina
CLE International is hosting its annual Wine, Beer, and Spirits CLE. This year, the program will take place in Charlotte, North Carolina on September 16th and 17th at the Le Meridien hotel. Attendees can earn up to 12 hours of MCLE credits including one hour of ethics. This year’s conference is subtitled Developments & Trends in…
Supreme Court Says Tennessee Law Requiring Citizenship for Alcohol Retail License is Unconstitutional
Today, the Supreme Court struck down on a Tennessee regulation that requires residency of two years for applicants applying for an in-state retail alcohol license. In a 7-2 decision, the Court reasoned that, while the 21st Amendment extends states the right to regulate sales of alcohol within state border, there…