Regulatory and Distribution Law Updates for the Alcohol Industry
Regulatory and Distribution Law Updates for the Alcohol Industry

Marc Sorini Marc Sorini

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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.

Mississippi Supreme Court Rejects ‘Passage of Title’ DTC Theory

By 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...

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Craft Beer Mergers and Acquisitions

By , and 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...

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What to Know About FDA’s Recent Statements on CBD

By and 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...

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Safe Banking Act Passes House, Extends Cannabis Safe Harbor Protections

By , and 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...

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Court Dismisses Challenge to TTB’s Rejection of Health Claims on Vodka

By 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...

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TTB Publishes New Nonbeverage Product Formula Form

By and 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...

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Cannabis and Hemp Update

By and 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...

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Implications of the Supreme Court’s Tennessee Retailers Decision

By 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...

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TTB Publishes NPRMs to Repeal Standards of Fill for Wine and Distilled Spirits

By 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:

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Data Breach: How to Prepare for What Experts Have Deemed Is Inevitable

By and 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,...

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