Distilled Spirits

2024 Year in Review: Key Legal Trends in the Alcohol Beverage Industry

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As the alcohol beverage industry continues to grow and evolve, 2024 is shaping up to be a year of significant legal developments and trends. For wineries, breweries, distilleries, cideries, and meaderies, understanding the key legal changes and emerging issues is crucial to staying compliant and competitive. In this year-in-review post, we highlight some of the […]

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Understanding Alternating Proprietorships in the Alcohol Beverage Industry: What You Need to Know

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In the alcohol beverage industry, a common arrangement that many producers consider is the alternating proprietorship. This legal structure allows multiple beverage producers to operate out of the same facility while maintaining their independent businesses. For those in the wine, beer, spirits, sake, hard cider, or mead industries, understanding how an alternating proprietorship works, the

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Understanding Excise Taxes in the Alcohol Beverage Industry: What Wineries, Breweries, and Distilleries Need to Know

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When it comes to running a business in the alcohol beverage industry—whether you own a winery, brewery, or distillery—excise taxes are an essential aspect of your operations. These taxes can have a significant impact on your pricing, profitability, and compliance. Understanding how excise taxes work and what laws apply is crucial for staying compliant and

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The TTB Serving Facts Panel: A Comprehensive Guide

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In 2013, the Alcohol and Tobacco Tax and Trade Bureau (“TTB“) published TTB Ruling 2013-2 which discusses the use of a statement of average analysis and a Serving Facts statement on alcohol beverages. The statements are a standardized format used to provide consumers with essential information on alcohol beverage servings on the product’s label. Although

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How to Avoid Having Your TTB Federal Permit Application Rejected

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Navigating the process of obtaining a federal basic permit issued by the Alcohol and Tobacco Tax and Trade Bureau (“TTB“) can be a daunting task. With stories of lengthy application times, numerous questions from the TTB, and even outright rejections, it’s understandable why applicants might feel overwhelmed. However, with proper preparation and thorough documentation, these

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Legal Considerations for Starting an Alcohol Beverage Wholesaler Distribution Business

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Starting an alcohol beverage wholesaler distribution business is a rewarding opportunity within a booming industry, but it also involves navigating a complex legal framework. The alcohol industry is one of the most regulated sectors in the United States, with requirements imposed at the federal, state, and local levels. For aspiring alcohol wholesalers, understanding the legal

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Crafting Effective Alcohol Beverage Distribution Agreements

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Crafting Effective Alcohol Beverage Distribution Agreements: Legal Considerations Alcohol beverage distribution agreements are a critical component of the supply chain for producers or brand owners and distributors. These agreements determine how a brand’s products are distributed to retailers and consumers, setting the foundation for the business relationship between the supplier and the distributor. Crafting a

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TTB Industry Circular 2024-1: New Guidance on Social Media Advertising for Alcohol Beverages

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On November 1st, the Alcohol and Tobacco Tax and Trade Bureau (“TTB“) published Industry Circular 2024-1 which announced a new guidance for alcohol beverages with respect to social media. The new circular modifies and supersedes an earlier circular from 2022 (Industry Circular 2022-2). The TTB treats content posted on social media by industry members as

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Is Prior Notice Required for Alcohol Beverages?

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What is Prior Notice? Prior Notice is a mandatory notification to the U.S. Food and Drug Administration (“FDA”) that a food shipment is entering the United States. This requirement applies to all commercial imports of food and beverages, including alcohol beverages and samples. For alcohol beverage importers, filing Prior Notice is a crucial step that

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How to Set up a TTB Permits Online Account

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To set up a Permits Online account with the Alcohol and Tobacco Tax and Trade Bureau (“TTB“), follow these steps: 1. Access the TTB Permits Online Website Go to the Permits Online section of the Alcohol and Tobacco Tax and Trade Bureau (TTB) website:https://www.ttbonline.gov/permitsonline/ 2. Register for an Account 3. Complete the Registration Form 4.

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