Articles by: Bahaneh Hobel

TTB Announces Expansion of List of Changes for Prior Approved Labels

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 […]

Consignment Sales – Don’t Do Them!

As a friendly reminder to all alcoholic beverage industry members, consignment sales of alcoholic beverages are illegal under both California and Federal law. Consignment sales are transactions where title to the alcoholic beverages in question is retained by the seller or where the licensee receiving the alcoholic beverages has the right at any time to […]

Five Key Points for Alcohol Beverage Distribution Agreements

Recently, Bahaneh Hobel, Senior Alcohol Beverage Attorney from Dickenson, Peatman & Fogarty, provided the Beverage Trade Network with some insights on the “5 Key Points You Must Cover in Your Distribution Agreements.”  To review her article and learn more about important issues to consider in drafting distribution agreements.  View Article For more information or assistance […]

The NYSLA Ruling – What it Really Means to Licensees and Third Party Marketers

We have received several questions from clients regarding the New York State Liquor Authority’s ruling on April 9, 2013 regarding the “legality of internet advertising platforms.” The ruling, which addresses the relationship between a New York state wholesaler, a New York state retailer, a third party internet marketer and ShipCompliant, is narrow and specifically applies […]

TTB Rule Changes for Documentation Supporting Organic Claims

The Alcohol and Tobacco Tax and Trade Bureau (TTB) recently announced changes to the supporting documentation required for claims that alcohol products are “100% Organic,” “Organic” and/or “Made with Organic” ingredients.  Currently, industry members submitting a Certificate of Label Approval (COLA) application for alcohol products that include such organic claims must submit: (1) the organic […]

New Laws Impacting the Wine Industry for 2012

Members of Dickenson, Peatman & Fogarty’s alcohol beverage and labor and employment departments recently teamed up for an article in the North Bay Business Journal titled “Important Legal Changes for Wine, Alcohol in 2012.”  You can find a link to the article by clicking here. The article summarizes new laws and regulations coming into effect in the new […]

TTB Issues Guidance on Changes to Personalized Labels, Just in Time for The Holidays!

Producers that create personalized labels for consumers (as opposed to labels made for retail or wholesale customers other than the ultimate consumers) have now been provided with guidance from the TTB regarding what changes to the COLAs for such personalized labels require approval from the TTB.  For personalized labels, TTB had previously permitted the holder […]

TTB Takes Position on Information to Be Included On Wine Websites

Recently, the TTB has been in contact with wine industry members regarding changes required to the landing pages of their websites.  Under federal regulations governing the labeling and advertising of wine (27 CFR 4), an advertisement for wine “shall state the name and address of the permittee responsible for its publication or broadcast.”  According to […]

TTB Shifts COLA Compliance Obligations to Applicants to Streamline Process

In a sign of TTB’s efforts to streamline and expedite the COLAs review process, the TTB announced on May 3, 2011 that it will no longer evaluate labels for purposes of ensuring that the labels conform to legibility and type size requirements (including characters per inch and contrasting background) contained in the code. TTB will […]

Can I Store Unlabeled Wine in Taxpaid Areas?

Many wineries wonder whether they can store unlabeled wine bottles or “shiners” (perhaps for aging or as library wines) in storage areas outside of their bonded premises.  The short answer from the “TTB” is no.  Although TTB regulations provide that wines must be labeled before they are removed for “consumption or sale,” the TTB has […]

New Source of Funds Requirement for TTB Permit Applications

Those of you that may have recently filed an original TTB application as a brewery, winery, distillery, importer or wholesaler may have noticed that the TTB now requires “source of funds” documentation as part of the application materials.  The requirement simply requires disclosure as to the source of the funds you will be using to […]

TTB Permits Online – On the Road to More Efficient Federal Filings

The TTB’s new online permit system is now active and available for use. Although “Permits Online” is currently only available for New Winery Operations applications (Bonded Winery, Bonded Wine Cellar, Tax-Paid Bottling House) and New Wholesaler/Importer applications, TTB anticipates that the system will soon be available to accommodate amendments to existing permits and registrations.  And within […]

Wine Institute Responds to HHS Dietary Guidelines Regarding Alcohol Beverages

The U.S. Departments of Health and Human Services (HHS) and Agriculture (USDA) recently released the 2010 U.S. Dietary Guidelines for Americans.  With respect to consumption of alcoholic beverages, the guidelines provide that “One drink is defined as 12 fluid ounces of regular beer (5% alcohol), 5 fluid ounces of wine (12% alcohol), or 1.5 fluid […]

Bill Opening Up Direct Shipping of Wine Introduced in Maryland

In January, Maryland’s General Assembly introduced legislation to legalize the direct shipment of wine to consumers from out-of-state wineries and retailers.  Maryland is just one of just 13 states that prohibit winery-to-consumer direct shipping and one of 36 states that prohibit direct shipments by out-of-state retailers (including internet retailers).  Although the bill seems to have […]

New Jersey Wineries Seek to Intervene in Federal Case Addressing New Jersey’s Direct Shipping Laws

On December 17, 2010, the United States Court of Appeals for the Third Circuit, in the case  of Freeman vs. Corzine,  held that New Jersey state provisions which allow an in-state winery, but not an out-of-state winery, to sell directly to consumers from their winery premises or at six salesrooms apart from their premises, and […]

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