Opener
Earlier this month, medical marijuana proponents were elated over the federal appropriations bill. What does the federal appropriations bill have to do with the continuing movement to repeal the prohibition of marijuana? Well, buried in Section 538 of the appropriations bill is the following language: “None of the funds made available in this Act to […]
Earlier this week, Oklahoma and Nebraska filed a motion and complaint with the U.S. Supreme Court challenging Colorado’s implementation of Amendment 64, the state constitutional amendment legalizing the cultivation and sale of marijuana. According to the brief, both Oklahoma and Nebraska have suffered damages as a result of Colorado’s legalization of marijuana in the form […]
You send your Chardonnay to a custom crush facility for bottling. A month later the wine in one out of about every ten bottles is brown. It oxidized in the bottle. You are forced to pull all your Chardonnay from the market at significant expense, and you fear your brand has suffered. The evidence suggests […]
Beverage Trade Network recently published an article “Launching New Wine Brand Without a Winery” by DP&F attorneys John Trinidad and Katja Loeffelholz on insights on how to navigate legal hurdles when entering the wine industry. The article explores some of the key legal and regulatory issues facing “virtual wineries,” including securing the right licenses and […]
From the Law Offices of Melissa Harms: We are pleased to announce that President Obama unveiled a long-awaiting plan to reform the immigration system on November 20, 2014. His executive action brings immediate relief to as many as 4.4 million undocumented foreign nationals living in the US through a few key programs: Deferred Action for […]
The California Labor Commissioner recently issued the Paid Sick Leave poster template and Wage Notice for employers to use as of January 1, 2015 in compliance with California’s new paid sick leave law, AB 1522. Employers do not need to use these documents in their workplace, but if they create their own posters and notices, […]
On November 7, 2014, the Trademark Trial and Appeal Board of the U.S. Patent and Trademark Office issued an opinion upholding the refusal to register the trademark BARTON FAMILY WINERY for wine based on a prior trademark registration for THOMAS BARTON, also for wine. A copy of the opinion may be found here. While this is […]
According to a recent article in the Sacramento Bee, the California Department of Alcoholic Beverage Control (“ABC”) recently accused a California winery of violating tied house laws by sending the following tweet: “Two days till @SaveMart Grape Escape in Downtown #Sacramento!” SaveMart Supermarkets holds a California alcohol beverage retailer license, and the ABC considered the […]
During a review of wine labels on ShipCompliant’s LabelVision database, we came across several new COLAs issued to Top it Off Bottling, LLC and Appellation Trading Company, LLC (Type 02 licensed winegrower based in Napa) listing the fictitious business name “Groupon Wines” and bearing a GROUPON WINES word mark on the front label. The wines include: Chatty […]
In early 2006, the Paso Robles AVA Committee (PRAVAC) began an organized outreach effort to growers and vintners across the Paso Robles wine country and kicked off the formal process of gathering historical and scientific evidence that would support the further definition of the distinctive wine regions within the Paso Robles AVA. For many PRAVAC […]
Just a reminder that it’s time for wineries, breweries and distilleries required to register with the FDA to renew their FDA Food Facility Registration. Beginning on October 1, 2014 through December 31, 2014, food facilities that are required to register with FDA (which includes most alcohol beverage producers, even those operating as alternating proprietors) must […]
Small brewers (i.e., those with excise tax liability reasonably expected to be not more than $50,000 in a given calendar year and who were liable for not more than $50,000 in such taxes during the preceding calendar year) will soon be getting a break from the Alcohol and Tobacco Tax and Trade Bureau (“TTB”). TTB […]
Today, the Alcohol Tobacco Tax and Trade Bureau (“TTB”) announced that it has further expanded the list of changes that may be made to approved labels (or COLAs) without requiring those labels to be resubmitted to TTB for review. Currently, industry members are permitted to make certain changes to approved alcohol beverage labels without applying […]
This is the way most franchise law litigation ends: not with a bang, but with a whimper. After over a year of legal jostling, Diageo and Major Brands have apparently reached settlement, according to Missouri news outlets. Suppliers trying to terminate their relationship with a Missouri distributor should closely review a state court opinion issued in the same […]
Nine years ago, the U.S. Supreme Court held that a New York law that discriminated against out of state wineries violated the Commerce Clause, and rejected arguments that the 21st Amendment protected such laws from constitutional scrutiny. New York now finds itself at the center of yet another Commerce Clause/ 21st Amendment controversy pitting Empire Wine & Spirits LLC, […]
We are proud to announce Chris Passarelli’s feature article in the September 2014 issue of Wines &Vines/Practical Winery & Vineyard Magazine, regarding the ongoing controversy centered around the emerging .Wine TLD and its impact on the wine industry and consumers. A link to the article (on page 58-59) is available here. Chris Passarelli and Scott […]
By Tom Adams and Mark Phillips The Napa County Public Works Department is in the process of preparing amendments to the Subdivision and Zoning Ordinance as it relates to lot line adjustments and certificates of compliance. The changes originally proposed by staff were minor and did not warrant comments. However, during the “stakeholder” review of […]
On April 28, 2014, DP&F’s Richard Mendelson conducted an interview of Margrit Mondavi at the North Bay Business Journal’s annual Impact Napa conference. NBBJ has made the video of that interview available online. This interview provides a rich personal history of Napa Valley from one of its most celebrated citizens. Mrs. Mondavi is the Vice President […]
After 18 months of discovery and motion practice, Diageo and Missouri distributor Major Brands will have their day in court to determine if state franchise law prevents Diageo from terminating its Missouri distribution agreement. In March 2013, Major Brands brought suit in Missouri state court against Diageo and its new Missouri distributor, Glazer’s, claiming that the […]
While the dust was settling last week many questions arose about employees. The two biggest issues were employee safety and employee pay. A. Employee Safety Employers are responsible for their employees’ safety in the workplace. If employers remain open during clean up they must make sure their employees are safe. Employers should be mindful of […]