News & Analysis as of

TTB Wine & Alcohol

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

Dunlap Bennett & Ludwig PLLC

No Wine Before Its Time: The Laws Of Wine In The United States And Abroad

There is nothing like sitting in front of a charcuterie plate laden with prosciutto and at least a triple crème, honey chevre (goat cheese), and maybe a huntsman cheese while sipping on a slightly chilled, smooth white...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

McDermott Will & Emery

TTB Ramps Up Tax Audits and Enforcement

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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

TTB Seeking Public Input on Potential Alcoholic Beverage Labeling Changes

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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

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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

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

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

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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

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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

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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

TTB Seeking Comment on Potential Changes to Trade Practice Regulations

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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...

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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

Bowditch & Dewey

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

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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

McDermott Will & Emery

[Webinar] What Have We Learned? The Latest Trends in the Alcohol Industry, and What’s to Come - September 29th, 12:00 pm - 1:00 pm...

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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

Husch Blackwell LLP

TTB Proposes to allow reference to distilled spirits on wine labels and in advertisements

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The Alcohol and Tobacco Tax and Trade Bureau (TTB) recently proposed amendments to 27 CFR Part 4 that would allow winemakers to reference added distilled spirits on labels and in advertisements. Currently, wine labels and...more

Troutman Pepper

Alcohol Regulation as a Model for Cannabis Regulation: The Benefits and Drawbacks

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The rapid evolution of the cannabis industry in the United States poses many unique questions, the most interesting of which is what cannabis regulation will look like under federal legalization. Although (legal) cannabis is...more

McDermott Will & Emery

TTB Issues Four-Part Series on Health-Related Alcohol Marketing Claims

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As consumers continue to trend toward more health-conscious options, including in their choice of alcoholic beverages, the Alcohol and Tobacco Tax and Trade Bureau (TTB) has responded with guidance on health-related marketing...more

Troutman Pepper

Treasury Releases Competition Report for Alcohol Market

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As we previously reported, Executive Order 14036 (E.O. 14036) required the Treasury secretary, who oversees the Alcohol and Tobacco Tax and Trade Bureau (TTB), to issue a report to the White House Competition Council (the...more

Sheppard Mullin Richter & Hampton LLP

Treasury Department Recommends Antitrust Reform in Alcohol Markets

On February 9, the Treasury Department issued a report analyzing competition in the US alcohol industry (defined as beer, wine, and spirits), which outlined several proposed reforms aimed at improving competition in the...more

McDermott Will & Emery

TTB Publishes Phase 2 of Labeling and Advertising Modernization Rule

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On February 9, 2022, the Alcohol and Tobacco Tax and Trade Bureau (TTB) published a final rule that implements Phase 2 of its rulemaking modernizing certain labeling and advertising regulations for malt beverages and...more

McDermott Will & Emery

[Webinar] Competition Crackdown: What Does Treasury’s Guidance for Alcohol Markets Mean for Your Business? - February 24th, 12:00...

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Last week, the US Treasury Department (Treasury) released a report that outlined a series of reforms aimed at boosting competition in the combined $250 billion US beer, wine and spirits markets in response to US President Joe...more

McDermott Will & Emery

Treasury Responds to Biden Administration Executive Order with Report, Recommendations to Increase Alcohol Industry Competition

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On February 9, 2022, the US Treasury Department (Treasury) released a report with recommendations for how the Tobacco Tax and Trade Bureau (TTB), Federal Trade Commission (FTC) and Department of Justice (DOJ) can help drive...more

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