News & Analysis as of

Wine & Alcohol Advertising Beverage Manufacturers

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

Nutter McClennen & Fish LLP

Beverage Breakdown (June 2024)

Welcome to Nutter's Beverage Breakdown, a periodic legal update on noteworthy developments related to the alcohol beverage industry, including industry news, federal and state updates, and more. We look forward to sharing our...more

Alston & Bird

Food & Beverage Digest – November 2023: Making a Federal Case Out of Class Actions

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In the November edition of the Food & Beverage Digest, our roundup of court cases and regulations affecting the food, beverage, agribusiness, and cosmetics industries, a mimosa fan is feeling really cavalier, a limone lacks...more

Alston & Bird

Food & Beverage Digest – July 2023: Sold By Weight, Not Volume

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In the July edition of the Food & Beverage Digest, our roundup of court cases and regulations affecting the food, beverage, agribusiness, and cosmetics industries, a kombucha goes pear-shaped, a New Yorker joins a coffee...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

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation Update - October 2022

On October 19, 2022, the U.S. Federal Trade Commission held a forum titled “Protecting Kids from Stealth Advertising in Digital Media” to discuss ever-growing concerns over advertising to youth, particularly in the digital...more

Kelley Drye & Warren LLP

Beverage Makers Served A Reminder By Kombucha False Advertising Case

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Anyone who has strolled the supermarket alcohol aisle in recent months may fairly stand in awe of the proliferation of boozy and not-so-boozy drinks in pretty packages, with small cans and pastel colors making it difficult to...more

Alston & Bird

Closing Time: Court Approves Proposed Classwide Settlement in Cocktail-Themed Drinks Suit

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Our Food & Beverage Team breaks down the settlement of an alcohol beverage labeling case whose implications could reverberate throughout the industry....more

Troutman Pepper

Advertising Compliance in the Alcoholic Beverage Industry

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We recently posted that the Federal Trade Commission (FTC) issued warnings to a large number of companies in various industries about “unfair” or “deceptive” trade practices related to third-party endorsements. Some of the...more

Alston & Bird

Alcoholic Beverage Labeling: An Aperitif Toward Compliance and Away from Litigation

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Crafting appealing alcoholic beverage labels that check the regulatory boxes and minimize litigation exposure is not as simple as deciding between shaken or stirred (hint: stirred, hands down). Our Food & Beverage Team...more

McDermott Will & Emery

[Webinar] Navigating Regulatory Landmines: Consumer Protection for Alcohol Beverage Companies - September 29th, 12:00 pm - 1:00 pm...

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Alcohol beverage companies must contend with an ever-evolving regulatory landscape, including unpacking the new environment under US President Joe Biden’s executive order on competition. How do you differentiate as a brand...more

McDermott Will & Emery

[Webinar] Navigating Regulatory Landmines: Consumer Protection for Alcohol Beverage Companies - August 12th, 12:00 pm - 1:00 pm...

As alcohol products compete in an increasingly competitive marketplace, how do you differentiate as a brand while being mindful of regulatory landmines? Join us for the second webinar in our Alcohol Quarterly Update Series on...more

Alston & Bird

Open Bar? Shot at Dismissal of Cocktail-Themed Drinks Suit Now on the Rocks

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What’s in a name? A rosé made of malt beverage would smell as sweet, wouldn’t it? Our Food & Beverage Team investigates a class action in Missouri that has survived a motion to dismiss and could change how ready-to-drink...more

McDermott Will & Emery

Five Tips for Making Boozy Ice Cream That’s Legal

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When you think of the relationship between alcohol and food, the classics come to mind: tiramisu, coq au vin and beer cheese. While there is a long culinary tradition of using alcohol in food, the newest trend is to utilize...more

Shumaker, Loop & Kendrick, LLP

Summary of U.S. Advertising Laws and Regulations for Malt Beverages and Energy Drinks

WHAT IS, AND IS NOT, ADVERTISING? At the outset it is important to understand what is, and is not, considered to be advertising or an advertisement under U.S. law. Generally speaking, as applied to any product, be it beer,...more

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation Update l November 2019 #2

LEGISLATION, REGULATIONS & STANDARDS - USDA Receives Hundreds Of Comments On Hemp Interim Rule - Two weeks after opening a comment period on an interim final rule on hemp farming, the U.S. Department of Agriculture...more

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation Update l October 2019 #3

LEGISLATION, REGULATIONS & STANDARDS - Advertising Complaint Upheld Against U.K. Hemp Rum Co. - The U.K. Advertising Standards Authority (ASA) has upheld a complaint against The Cornish Rum Co. against its ads marketing...more

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation Update | January 2018 #3

House Panel Questions FDA Officials on Food-Recall Audit - One day after the U.S. Food and Drug Administration (FDA) issued draft guidance on proposals to expedite product warnings and recalls, FDA and other health officials...more

Holland & Knight LLP

Florida Alcoholic Beverages Trade Practices Guide

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The Florida Alcoholic Beverages Trade Practices Guide is a reference tool that addresses Florida Statute §561.42, referred to as the Tied House Evil law. The statute provides prohibitions and limitations related to the...more

Troutman Pepper

State Safe Harbor Doctrines: A Life Preserver from False Advertising Claims Facing Alcohol Manufacturers?

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Food and beverage companies, beset by lawsuits about their product labels, struggle to find consistent application of consumer protection laws across the country. The experience of one distiller and its use of one word on its...more

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