Earlier this week, TTB announced its intention to hold two virtual listening sessions this month to hear industry concerns regarding alcohol nutritional information, allergens, and ingredients. Nutritional information, allergen, and ingredients statements are generally not required on alcohol beverages falling within TTB’s labeling jurisdiction. For products that make certain types of nutritional claims, TTB has required a “watered down” version of the nutrition facts panel found on traditional food products (typically called an average analysis or serving facts). As some may remember, On Rese ..read more

Vampire Family Brands, LLC, a Ventura County winemaker, recognized for wine brands like Dracula, Vampire, and Fangria, is taking legal action against an Australian vintner for what it believes to be an infringement of its trademark, among other things. According to a complaint filed on August 29, 2023 in U.S. District Court for the Central District of California, Vampire Family Brands accuses Treasury Wine Estates (“TWE”) of infringing upon marks owned by Vampire Family Brands, LLC. The 19 Crimes line recently introduced a limited edition Halloween label, a collaboration with Universal Monste ..read more

EU Regulation 2021/2117 creates a significant change for the European Union’s wine and aromatic wine market. As of December 8, 2023, wines bound for the EU market must prominently feature a comprehensive list of all added ingredients on their labels. Many wineries planned in advance and printed labels to comply with the new regulation, using a QR code and the symbol “i” (for ingredients). However, just a few days before the new regulations would go into effect, the European Commission produced guidelines indicating the QR code would need to be printed with “ingredients” and that the symbol “i ..read more

Various media sources have reported that Russia is requiring Champagne wines from the actual appellation of Champagne to tout “Sparkling Wine” on their labels as a result of a new law that went into effect on July 2nd. See, e.g., Only Wines Made in Russia Can be Called Champagne Under New Putin Law and Russia to France’s Champagne region: Sorry to burst your bubble, but here, you’re just ‘sparkling wine.’ Meanwhile, the country is permitting Russian sparkling wines labels to state “Shampanskoye” (the Russian word for “Champagne”) on wines produced in Russia. As one can imagine, this has create ..read more

On June 23rd, Governor Cuomo announced that emergency declaration that commenced in March 2020 would come to an end on June 24th. As a result, all executive orders expired on that date. Effective immediately, the temporary to-go privileges that were extended by the New York State Liquor Authority (“NYSLA”) to New York State-licensed bars, restaurants, and manufacturers are revoked. (This should not impact New York State licensees who are statutorily permitted to sell alcohol beverages for off premises consumption under their specific license.) The NYSLA recognized that a legislative bill is pe ..read more

In response to Governor Cuomo’s order, the New York State Liquor Authority (“NYSLA”) issued restrictions to licensees with respect to the COVID-19 outbreak, effective Monday, March 16, 2020 at 8:00 PM ET. Per the NYSLA, all licensed on-premises establishments (including restaurants, bars, taverns, clubs, arenas, catering establishments, etc.) must stop on-premises sales of alcohol beverages and/or food. This includes NYSLA-licensed manufacturers who have on-premises privileges (such as a winery with a tasting room or a brewery with a tap room). A NYSLA-licensed manufacturer may conti ..read more

In a world where the spread of COVID-19 is increasing and where consumers and businesses alike have encouraged “social distancing,” it is not without many sacrifices. The wine industry and other service-based businesses are certainly not immune and must be creative during a time where consumers and workers are staying home. Many wineries, breweries, distilleries, and cideries have made a tough decision to close their on-premises spaces or tasting rooms in an attempt to take proactive and admirable measures without knowing when their doors may re-open. Below On Reserve ..read more

This March is the inaugural Northeastern Cider Conference, which will be held in Albany, New York. The conference is a much-needed event for cider makers, brand owners, and importers. Sessions will discuss matters pertaining to growing, fermenting, distribution, retail, education, packaging, etc. and will include many renowned professionals in the cider world. I will be one of the panelist for the label design session and plan to discuss label compliance issues that can be unique to hard ciders. A strong majority of hard ciders are products under the 7% alc/vol level and fall subjec ..read more

CLE International is hosting its annual Wine, Beer, and Spirits CLE. This year, the program will take place in Charlotte, North Carolina on September 16th and 17th at the Le Meridien hotel. Attendees can earn up to 12 hours of MCLE credits including one hour of ethics. This year’s conference is subtitled Developments & Trends in the Alcohol Beverage Industry. Conference includes sessions on trade practice laws, supplier-wholesaler relationships and terminations, hard seltzer and other innovative products, current retailer issues, and trademarks. More details c ..read more

Today, the Supreme Court struck down on a Tennessee regulation that requires residency of two years for applicants applying for an in-state retail alcohol license. In a 7-2 decision, the Court reasoned that, while the 21st Amendment extends states the right to regulate sales of alcohol within state border, there are limitations under the Constitution. The Court ruled that the requirement unlawfully discriminated against non-residents and that a “highly attenuated” relationship to public health or safety was not satisfied. The residency requirement violates the Commerce Clause and is ..read more