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.

TTB in a Deregulatory Mood

By on Apr 18, 2018
Posted In Advertising and Marketing, Alcohol Excise Taxes, Trade Practices, TTB COLAs and Formulas

Changes in Administration and other political shifts can have subtle and, occasionally, not-so-subtle influences in the Alcohol and Tobacco Tax and Trade Bureau (TTB) policies and priorities. In the article, “TTB in a Deregulatory Mood” published by Artisan Spirit, Marc Sorini explores how the Trump Administration’s desire to reduce regulatory burdens on business has already...

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ABI/SAB Miller Deal: DOJ Clarifies Best Efforts Clause in Proposed Final Judgment

By and on Mar 27, 2018
Posted In Distribution

As most members of the alcohol and beverage industry are aware, Anheuser-Busch InBev (ABI) acquired the global holdings of SABMiller in a more than $100 billion merger in October 2016. The Department of Justice (DOJ) required ABI to divest SABMiller’s United States business, including its ownership interest in MillerCoors. Since November 2016, the parties have...

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Federal District Court Rejects Craft Brewers’ Equal Protection and Due Process Challenge of Texas’ Ban on Brewer Off-Premises Retailing

By and on Mar 26, 2018
Posted In Distribution, Legislation, Trade Practices

On March 20, 2018, a federal district court in Texas issued an opinion in Deep Ellum Brewing, LLC, et al. v. Texas Alcoholic Beverage Commission. The court delivered a blow to Texas craft brewers, upholding Texas’ prohibition on sales of beer by brewers to consumers for off-premises consumption. Texas authorizes the manufacture and sale of...

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TTB Publishes Additional Tax Act Guidance on 5010 Wine and Flavor Credits

By on Mar 23, 2018
Posted In Alcohol Excise Taxes

Today, TTB published additional Tax Act guidance on its website. Three new clarifications address the interaction of the new Tax Act rates/credits with the wine and flavor credits available under 26 U.S.C. § 5010. The clarifications are: TTB re-confirms that the 5010 credit applies to spirits subject to the Tax Act’s reduced rates, but the...

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Durational-Residency Requirements for Alcohol Beverage Retail Licensees Held Unconstitutional

By on Mar 6, 2018
Posted In Distribution, General Interest, Trade Practices

On February 21, 2018, the US Court of Appeals for the Sixth Circuit published its opinion in Byrd v. Tennessee Wine and Spirits Retailers Association, No. 17-5552. The decision, which includes a partial dissent, affirms a Middle District of Tennessee decision finding that the “durational-residency” (residency) requirements imposed by Tennessee law for alcohol beverage retail...

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TTB Issues Further Alcohol Excise Tax Guidance

By on Mar 5, 2018
Posted In Alcohol Excise Taxes, General Interest, Import/Export, Legislation

On Friday, March 2, 2018, Alcohol and Tobacco Tax and Trade Bureau (TTB) issued its next round of guidance concerning the alcohol excise tax provisions of the recently enacted tax law (Tax Act). TTB has not yet addressed some of the biggest ambiguities contained in the Tax Act, such as (i) how foreign producers can...

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District Court Issues Opinion in Old Charter Bourbon False Advertising Class Action

By on Feb 20, 2018
Posted In Advertising and Marketing, General Interest, TTB COLAs and Formulas

On February 5, 2018, the US District Court for the Eastern District of Missouri issued an opinion in one of the many false advertising class actions brought against the industry in the past five years. Penrose v. Buffalo Trace Distillery, E.D. Mo. 4:17-cv-00294-HEA, involves the labeling of Old Charter bourbon. For years, Old Charter sold...

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President’s FY 2019 Budget Would Give TTB Criminal Authority over Alcohol

By on Feb 14, 2018
Posted In General Interest, Legislation

Earlier this week the Trump Administration presented its Fiscal Year 2019 Budget Proposal. While many portions of a president’s proposed budget do not get enacted, such proposals provide insight into the thinking of the administration. With respect to the alcohol beverage industry, the budget proposal would transfer to the Alcohol and Tobacco Tax and Trade...

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Additional TTB Tax Act Guidance

By on Feb 5, 2018
Posted In Alcohol Excise Taxes, General Interest, Import/Export, Legislation, Non-Beverage Alcohol

On Thursday evening, February 1, the Alcohol and Tobacco Tax and Trade Bureau (TTB) released additional FAQ guidance on the alcohol excise tax provisions of the 2018 tax reform (the Tax Act).

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Data Security for Craft Brewers

By and on Jan 25, 2018
Posted In General Interest

Over the past few years, news headlines have been filled with reports of large data security breaches impacting major brand names and affecting millions of people. It seems like with each new day comes a new breach. The reports are alarming for businesses and consumers alike. No industry is immune from the soaring increase in...

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