Over the past forty-eight hours, the California Department of Alcoholic Beverage Control (“CA ABC”) has provided additional regulatory relief to licensees, including information relevant to industry members engaged in fundraising in connection with Coronavirus-related charities. In addition, CA ABC and the Alcohol Tobacco Tax and Trade Bureau (”TTB”) announced that industry members will be permitted […]
Today, TTB announced that it would permit returns of alcoholic beverages that were originally purchased for events that have been canceled due to Coronavirus. As TTB stated: “Given the unexpected and widespread nature of the concerns involving COVID-19, TTB will not consider returns of alcohol beverage products purchased to sell during such cancelled events to […]
While many in the industry have celebrated the passage of the Craft Beverage Modernization and Tax Reform components of the Tax Cuts and Jobs Act of 2017, there are a lot of lingering questions about how TTB will interpret these new laws. Many wineries, for capacity reasons or otherwise, have wine made at a facility […]
Our hearts go out to our friends and neighbors who are dealing with damage and destruction caused by the California fires. Although there are certainly more pressing concerns, we wanted to provide some information that may prove useful in the days and weeks ahead. TTB Information The U.S. Department of Treasury’s Alcohol and Tobacco Tax […]
On May 17, 2017, the Alcohol and Tobacco Tax and Trade Bureau (“TTB”) issued additional guidance for cider producers on federal excise tax, labeling and formula requirements through Industry Circular 2017-2 (“Amendments to the Criteria for the Hard Cider Tax Rate and Information on Other Requirements that Apply to Wine that is Eligible for the […]
The start of the New Year brought federal tax relief to certain cider producers. The PATH Act of 2015 made various changes to the Internal Revenue Code, which took effect on January 1, 2017. Included in the changes was a modification of the definition of products eligible for the “hard cider” tax rate. Under the […]
As we discussed in our earlier blog post, as of January 1, 2017, TTB-licensed breweries, distilled spirits plants and wineries that owed less than $50,000 in excise taxes in 2016, and expect to owe less than $50,000 in 2017, will no longer be required to hold a bond. TTB started off the new year by […]
As of January 1, 2017, if you are currently licensed with TTB as a brewery, distilled spirits plant or winery and owed less than $50,000 in excise taxes in 2016, and expect to owe less than $50,000 in 2017, you will no longer be required to hold a bond. This is great news for all […]
TTB’s attempt to put an end to an inherently misleading labeling practice and protect the AVA wine origin labeling rules has garnered significant reaction from certain commentators and some in the industry. In order to shed some light on the proposed amendments to federal labeling rules and why Napa Valley Vintners, the Wine Institute, over […]
The U.S. Department of Treasury’s Alcohol and Tobacco Tax and Trade Bureau (TTB) has proposed amendments to federal wine labeling laws that protect the integrity of the appellation of origin labeling system in its Notice of Proposed Rulemaking No. 160 (NPRM 160). If adopted, the proposed amendments would close off a loophole that allows certain […]
On February 11th, the Alcohol and Tobacco Tax and Trade Bureau (“TTB”) issued a new ruling regarding the extent to which “category management” practices are permissible under federal tied-house laws. The “tied-house” laws promulgated under the Federal Alcohol Administration Act (the “FAA Act”) generally prohibit industry members from giving “things of value” such as supplies, […]
When is a small producer not a small producer? That was the question answered by a federal district court in a case that centered on a winery’s ability to claim a small producer tax credit for wine produced at another winery (K Vintners v. U.S., Case No. 12-cv-05128-TOR (E.D. Wa. Jan 21, 2015)). Background on the Small Producer Tax Credit. […]
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 […]
Both the California Department of Alcoholic Beverage Control (“ABC”) and the Department of Treasury’s Alcohol and Tobacco Tax and Trade Bureau (“TTB”) have made information available on their websites for alcohol beverage businesses (including producers, wholesalers, and retailers) seeking earthquake related information. Here are links to those bulletins: ABC’s Earthquake-Related Information for ABC Licensees TTB’s […]
Wine Business Monthly recently published an article by DP&F attorneys Katja Loeffelholz and John Trinidad on wine labeling legal and intellectual property issues. You can access the article using the following link: “Avoiding Label Approval Issues” (Published with the permission of Wine Business Monthly).
Last week, the TTB issued an interim policy (TTB Ruling No. 2013-2) allowing alcohol beverage producers to voluntarily use nutrient content statements –often referred to as “Serving Facts statements ”– on labels and advertisements. The TTB’s ruling is part of an almost decade-long review of the use of nutrient content statements on alcohol beverage labels […]
Earlier this week, the TTB issued an Industry Circular providing additional guidance for alcohol beverage producers, importers, and wholesalers using social media. The TTB regulates the advertising of wine, distilled spirits, and beer, and generally prohibits deceptive or misleading advertising. The TTB also prohibits industry members from engaging in certain advertising practices or making certain […]
Breweries wishing to sell beer within their home states got a break from TTB as part of the federal government’s ongoing efforts to streamline the alcohol beverage label approval process. In a ruling issued on March 27, 2013 the TTB announced that there is no need for them to apply for either a certificate of […]
Since the establishment of the Augusta AVA in 1980, ATF, and now TTB, has varied its approach to executing its legislatively delegated task of establishing American Viticultural Areas (AVAs). In early 2011, TTB amended the AVA rules entirely. With the recognition of the Inwood Valley AVA, effective as of October 15, 2012, we gain insight […]
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 […]
