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Marc E. Sorini concentrates on issues facing the alcohol beverage industry, with a particular focus on the supplier tier and non-beverage alcohol users. He heads the Firm's Alcohol Regulatory & Distribution Group and is recognized as one of the leading lawyers in his field. Read Marc Sorini's full bio.
By Marc Sorini on Mar 6, 2020
Posted In Alcohol Excise Taxes, Distribution
Last week, the Supreme Court of Mississippi handed down an opinion in Fitch v. Wine Express Inc., No. 2018-SA-01259-SCT. A state court decision on the rather dry subject of personal jurisdiction often merits little comment, but the Fitch opinion features an emphatic rejection of the legal theory relied upon by many direct-to-consumer retail alcohol sellers...
By Marc Sorini, Daniel P. McGuire and Thomas P. Conaghan on Dec 5, 2019
Posted In Distribution, Trade Practices, Transactions
Over the past several months, 15 notable deals have taken place in the craft beer space, continuing a trend toward consolidation in the industry. While the terms of most transactions remain undisclosed, the deals generally fall into three buckets: Strategic deals designed to combine leading brands and brewers and leverage distribution capacity; Targeted asset acquisitions...
By Christopher M. Lahiff and Marc Sorini on Dec 4, 2019
Posted In Advertising and Marketing, Cannabis, Food Safety and FDA
Last week FDA issued a public release on CBD titled, “What You Need to Know (And What We’re Working to Find Out) About Products Containing Cannabis or Cannabis derived Compounds, Including CBD.” The FDA document does not break much new ground, though it emphasizes again FDA’s concern with the safety of CBD, some of which...
By Marc Sorini, Anthony DeMaio and Robert J. Cordy on Sep 27, 2019
Posted In Cannabis, Legislation
First introduced in 2013, the SAFE Banking Act just passed the House 321-103. This bill, an exciting and promising development for cannabis advocates, provides safe harbor to banks and financial institutions doing business with state-legal cannabis businesses, and allows cannabis businesses to move away from conducting business exclusively in cash. Access the full article for...
By Marc Sorini on Sep 5, 2019
Posted In Advertising and Marketing, Food Safety and FDA, TTB COLAs and Formulas
In August, the US District Court for the District of Columbia issued its final decision in Bellion Spirits, LLC v. United States, Civ. No. 17-2538 (JEB). The Bellion case was brought by spirits company Bellion Spirits after the Alcohol and Tobacco Tax and Trade Bureau (TTB) refused to approve a series of health claims advanced...
By T. Marshall Fawley III and Marc Sorini on Aug 19, 2019
Posted In Alcohol Excise Taxes, Non-Beverage Alcohol, TTB COLAs and Formulas
On August 12, 2019, the Alcohol and Tobacco Tax and Trade Bureau (TTB) published its updated Formula and Process for Nonbeverage Product, TTB Form 5154.1. The Nonbeverage Product approval process is critical to obtain “drawback” (a refund) on most of the alcohol excise tax on distilled spirits used to make such products deemed “unfit for...
By Marc Sorini and Noah Feldman Greene on Jul 29, 2019
Posted In Cannabis, Distribution, Food Safety and FDA, General Interest, TTB COLAs and Formulas
Cannabis legalization receives widespread popular support. According to opinion polls, more than two-thirds of Americans support full legalization—a steep rise in support considering that as recently as 2005, almost two-thirds of Americans opposed legalization. The country appears on the path to full cannabis legalization, but until that time, citizens and companies should be aware of...
By Marc Sorini on Jul 8, 2019
Posted In Distribution, General Interest, Trade Practices
As virtually everyone in the US alcohol beverage industry knows, last week the US Supreme Court handed down its opinion in Tennessee Wine and Spirits Retailers Assn. v. Thomas, S.Ct. No. 18-96 (June 26, 2019). Now that over a week has passed since the release of that decision, it’s time to reflect on what it...
By Marc Sorini on Jul 3, 2019
Posted In Alcohol Excise Taxes, TTB COLAs and Formulas
On Monday, July 1, 2019, the Alcohol and Tobacco Tax and Trade Bureau (TTB) published two eagerly anticipated notices of proposed rulemaking (NPRMs) to largely repeal the standards of fill for wine and distilled spirits containers. The highlights:
By Lynette Ryan Arce and Marc Sorini on Jun 24, 2019
Posted In General Interest
Data security experts often say there are two types of businesses: those that have been hacked and those who will be hacked. Many small business owners believe they are too small to attract a hacker or fall victim to a breach, but this is not true. Given the costs and broad reach of data breaches,...