Tag Archives: Texas Alcoholic Beverage Commission

Proposed Regulation in Texas on Name and Address Labeling for Malt Beverages

Last week, the Texas Alcoholic Beverage Commission (“TABC”) circulated a draft amendment of Texas’ name and address labeling regulation for “malt beverages” (beer).  A copy of the proposed amended regulation (with a redline of the changes) is can be found here. Consistent with TTB regulations on name and address labeling for malt beverages, the current … Continue Reading

Texas Court Strikes Down Prohibition on Payments for Brand Rights

Late last week, a district judge in Texas declared unconstitutional under the Texas Constitution a provision of the state’s Beer Industry Fair Dealing Law (i.e., the beer “franchise” law) that expressly prohibits a brewer from accepting a payment in exchange for a grant of territorial distribution rights.  Section 102.75(a)(7) of the Texas Alcoholic Beverage Code, … Continue Reading

Guidance Provided on Interplay of “Dormant” Commerce Clause and the 21st Amendment

On April 21, the US Court of Appeals for the Fifth Circuit handed down its opinion in Cooper v. Texas Alcoholic Beverage Commission, No. 14-51343.  It provides further guidance, at least within the Fifth Circuit, on the interplay of the “dormant” Commerce Clause and the 21st Amendment following the Supreme Court of the United States’ … Continue Reading

Alcohol Advertising in Digital Media, Part 3: State Regulation

In Part 2 of this series, we highlighted recent developments in federal regulation and oversight of alcohol beverage advertising with implications for digital media.  State alcohol and consumer protection laws also apply and can make regional or national ad campaigns challenging. An overarching concern to state officials is the potential appeal of alcohol beverage advertising … Continue Reading

Texas Regulators Provide Direct Shipping Options

On June 11, the Texas Alcoholic Beverage Commission (TABC) issued a Marketing Practices Advisory (MPA 055) clarifying the volume that a winery can legally ship directly to Texas consumers in a single year.  The limit is 35,000 gallons and the calculation must include the total volume shipped over a calendar year. The recent TABC Advisory … Continue Reading
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