One of the most interesting time periods in the American history of alcohol beverage regulation is Prohibition; but the road to Prohibition was not paved overnight. Perhaps the most significant time period is the years prior to the national prohibition on the sale, transportation or manufacture of alcohol beverages within the…
Category: Federal Law
Criminal Law, Constitutional Law, and Litigation in the Context of Wine and the Law
The last week presented three very different stories in the context of wine the law, ranging from criminal law to constitutional law issues. The most pertinent are summarized below. On the wine law docket for the week of January 14, 2013: Chateaux Commence Legal Action Against St. Emilion Classification: This…
A Liberalization of Kansas Wine Law: Reduced Requirement for Grapes Grown in Kansas
In May 2012, Kansas approved a law that dramatically changed the regulation of its wine industry. The new state law, which spawned from House Bill 2689, reduces the requirement of the amount of Kansas grapes that must be in a Kansas wine. The bill amends K.S.A. 2011 Supp. 41-308a. Under…
What Changes are Allowed on an Approved Wine Label Without Obtaining a New Certificate of Label Approval (COLA)?
The TTB recently posted some very helpful guidelines pertaining to approved wine labels and changing approved wine labels without obtaining additional approval from the TTB. For a wine to be sold legally in the United States, the label must be pre-approved by the TTB through a process called Certificate of…
TTB Proposes the Establishment of the Ancient Lakes of Columbia Valley Viticultural Area
What is the proposal for establishing the Ancient Lakes of Columbia Valley AVA? On May 8, 2012, the Alcohol and Tobacco Tax and Trade Bureau (“TTB”) announced a proposal for establishing an American Viticultural Area (“AVA”) for the Ancient Lakes of Columbia Valley in Douglas, Grant, and Kittitas Counties in central Washington. The notice…
Additional Update from the TTB on Labeling Disclosure for Cochineal Extract and Carmine on Alcohol Labels
TTB recently announced, in final rule T.D. TTB-103, it is amending labeling regulations to require the listing of cochineal extract and carmine on the label of any alcohol beverage that contains one or both of the color additives. According to the final rule, “[t]his rule responds to a final rule issued by the Food…
Labeling Updates from the TTB for United States Alcohol Beverage Products
Several updates from the TTB recently developed with respect to the alcohol beverage industry. These updates are noted below. New Certificate of Origin Requirement for Exporting U.S. Alcohol Beverage Products to Korea: The recent trade agreement between the United States and Korea, along with its provisions, are particularly relevant for…
Third Party Providers and the Future of Wine Laws in America
This summer I had the absolute pleasure of working with the legal and regulatory compliance department of Lot18, a dynamic and rising flash sale site for premium wines and epicurean products. Lot18 is a budding company stationed in New York City and embraces an enthusiastic—and highly admirable—dedication to customer service…
A Note on the Labeling of Wine in the United States
Labeling wine (or what appears to be wine) in the United States can often times prove to be quite confusing. Generally speaking, the Alcohol and Tobacco Tax and Trade Bureau (hereinafter “TTB“) of the U.S. Department of Treasury (or, formally, the Bureau of Alcohol, Tobacco, and Firearms, hereinafter “BATF”) has…
TTB Proposes New Regulations on Wine
Last week, TTB announced several proposals with respect to wines in the United States. These proposals include the Yamhill-Carlton Viticultural Area; Use of Various Winemaking Terms on Wine Labels and Advertisements; Labeling Imported Wine with Multistate Appellations; and Disclosure of Cochineal Extract and Carmine in the Labeling of Wines, Distilled…