News & Analysis as of

TTB

Mayer Brown

Regulatory and Legal Implications of the Surgeon General’s Call For Cancer Warning On Alcohol Labels

Mayer Brown on

On January 3, 2025, outgoing US Surgeon General Dr. Vivek Murthy released a new advisory outlining the alleged causal link between alcohol consumption and cancer, claiming “numerous high-quality observational studies and...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Standards for Fill for Wine and Distilled Spirits: Alcohol and Tobacco Tax and Trade Bureau Approves Use of Glass Containers for...

The Alcohol and Tobacco Tax and Trade Bureau (“TTB”) of the United States Department of Transportation has published a final rule amending regulations that govern wine and distilled spirits containers that adds thirteen...more

Adams & Reese

TTB Greatly Expands Standards of Fill for Wine and Distilled Spirits Containers

Adams & Reese on

The U.S. Alcohol and Tobacco Tax & Trade Bureau (TTB) recently released a new final rule authorizing new standards of fill for wine and distilled spirits containers. The rule, available here, is scheduled to be published...more

McDermott Will & Emery

An End-of-Year Review of TTB Tax Audits and Enforcement

McDermott Will & Emery on

We have updated and republished this March 2024 blog post for a year-end summary. The Alcohol and Tobacco Tax and Trade Bureau’s (TTB) Office of Field Operations is responsible for ensuring industry members comply with...more

McDermott Will & Emery

Contract Manufacturing Versus an Alternating Proprietorship: What Is the Difference?

McDermott Will & Emery on

We frequently receive questions about the differences between contract brewing and alternating proprietorships, as well as questions concerning the key details the Alcohol and Tobacco Tax and Trade Bureau (TTB) and other...more

McDermott Will & Emery

Seasonal Considerations for Packaging and Selling Alcoholic Beverages

The final quarter of the year is the alcohol industry’s busiest period, accounting for approximately 70% of annual business. Many holiday-themed seasonal products are beginning to make their way to market, and it is important...more

McDermott Will & Emery

So, You’ve Been Sued in a Labeling Class Action. Now What?

Many alcohol beverage industry clients are faced with lawsuits attacking product labels. These lawsuits can be frustrating for clients, particularly when the labels at issue were previously approved by the Alcohol and Tobacco...more

Kohrman Jackson & Krantz LLP

Bubbles on the Bench: Second Circuit to Weigh In on Seltzer vs. Beer Debate

While growing in popularity, hard alcoholic seltzers have caused a great deal of confusion for state and federal regulators who have struggled to determine how these products fit into an existing regulatory framework that...more

McDermott Will & Emery

TTB Ramps Up Tax Audits and Enforcement

McDermott Will & Emery on

The Alcohol and Tobacco Tax and Trade Bureau’s (TTB) Office of Field Operations is responsible for ensuring industry members comply with the Federal Alcohol Administration Act, the Internal Revenue Code and all related...more

Troutman Pepper Locke

TTB Seeking Public Input on Potential Alcoholic Beverage Labeling Changes

Troutman Pepper Locke on

As we previously reported, the Treasury Department released a 2022 report on Competition in the Markets for Beer, Wine, and Spirits (the Competition Report) recommending, in part, that the Alcohol and Tobacco Tax and Trade...more

McDermott Will & Emery

How Industry Members Can Prepare for Alcohol Theft

McDermott Will & Emery on

While there has always been theft in the alcohol industry, there has been a significant uptick in large-scale larceny in recent months. Because of this reality, alcohol industry members should take steps to prepare for...more

Foley & Lardner LLP

Who Regulates My Product?

Foley & Lardner LLP on

In the world of healthy food and beverages, a crucial first step towards bringing a new product to the crowded U.S. market is identifying and understanding the regulatory authorities that oversee your product. This is not...more

McDermott Will & Emery

Alcohol Industry M&A: Common Pitfalls for Founders (and Avoiding Them) Part One: Formulas and Processes

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Given the continued strength of the US alcoholic beverage market, the alcohol industry presents numerous opportunities for acquisitions, investments and other strategic transactions from a wide variety of players. These range...more

McDermott Will & Emery

How Alcohol Industry Members Can Prepare for a Government Shutdown

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With less than a week and a half remaining to avert a government shutdown, Congress appears no closer to finding a solution. This means that a shutdown could occur as early as October 1, 2023. Alcohol industry members should...more

McDermott Will & Emery

TTB Issues Updated Guidance on Transfers of Beer Between Breweries Under Separate Ownership

McDermott Will & Emery on

On July 13, 2023, the Alcohol and Tobacco Tax and Trade Bureau (TTB) published Procedure Number 2023-1, providing brewers with updated guidance on the transfer of beer without tax payment between breweries not of the same...more

McDermott Will & Emery

The Tax Implications of Purchasing Craft Producers in the First Half of a Year

McDermott Will & Emery on

If a large beverage company is considering purchasing or selling a craft beverage producer, it’s essential to understand how the craft producer may lose its earlier eligibility for reduced tax rates under the Craft Beverage...more

McDermott Will & Emery

[Webinar] The Evolving Alcohol Industry: A Look Back at 2022 + Predictions for 2023 - February 16th, 12:00 pm - 1:00 pm EST

McDermott Will & Emery on

In 2022, the alcohol industry saw significant developments in the regulatory space. As we look to 2023, industry leaders continue to adapt to the changing needs of consumers, driving more innovation than we’ve seen in years...more

McDermott Will & Emery

TTB Industry Circular 3: Calculating Tax Rates and Tax Credits on Imported Distilled Spirits

In the Alcohol and Tobacco Tax and Trade Bureau’s (TTB) final Industry Circular of the year, they provided DSPs guidance on how to calculate effective tax rates for distilled spirits products eligible for the Craft Beverage...more

McDermott Will & Emery

2022 TTB Industry Circular 2: Social Media Advertising

Due to the uptick in alcohol advertisement on social media platforms, the Alcohol and Tobacco Tax and Trade Bureau (TTB) issued guidance on advertising via social media and how TTB’s rules on advertising generally apply in...more

McDermott Will & Emery

2022 TTB Industry Circular 1: Consignment Sales

Each year the Alcohol and Tobacco Tax and Trade Bureau (TTB) issues “Industry Circulars” that apply statutory or regulatory requirements to a “specific circumstance or set of facts” or restate existing requirements. TTB also...more

Husch Blackwell LLP

TTB Considers Updates to Trade Practice Regulations

Husch Blackwell LLP on

On November 9, 2022, the U.S. Alcohol and Tobacco Tax and Trade Bureau (“TTB” or “Agency”) announced that the Agency is considering updating the alcohol trade practice regulations for the first time in 20 years. The current...more

Troutman Pepper Locke

TTB Seeking Comment on Potential Changes to Trade Practice Regulations

Troutman Pepper Locke on

On August 2, 2021 and March 3, 2022 we reported on Executive Order 14036 (E.O. 14036) and the subsequent Treasury report entitled, “Competition in the Markets for Beer, Wine, and Spirits” (Report), which, among other things,...more

McDermott Will & Emery

[Webinar] What Have We Learned? The Latest Trends in the Alcohol Industry, and What’s to Come - November 15th, 12:00 pm - 1:00 pm...

McDermott Will & Emery on

The alcohol industry has proven to be quite resilient in 2022. As palates change and customers seek exciting new flavors and compositions, companies must be nimble to keep up with consumers’ needs and demands. Producers and...more

Adams & Reese

New TTB Director Stepping Up on Enforcement

Adams & Reese on

If you run a brewery, winery, or distillery, you'll want to hear what's new at the TTB. Under a new initiative, the TTB is poised to take a more enforcement-focused approach to permitting...more

Bowditch & Dewey

Section 19H: On-Premises Consumption of Different Alcoholic Commodities in Massachusetts

Bowditch & Dewey on

Massachusetts farmer-breweries, farmer-distilleries and farmer-wineries seeking to diversify their offerings and attract new customers will often add new commodities to their existing operations. Under Massachusetts law, the...more

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