Transparency is a hot topic in the food world these days. The U.S. Food and Drug Administration (FDA) recently finalized an update to the nutrition facts panel for packaged foods. The U.S. Senate last week advanced a bill addressing the labeling of genetically engineered foods, which the U.S. House is expected to vote on today. A federal court in California … Continue Reading
If you were hoping to pick up a cold one at an Indianapolis convenience store on your way to a holiday party this weekend, think again.
The Seventh Circuit Court of Appeals recently issued a decision in Indiana Petroleum Marketers & Convenience Store Association, v. Cook, holding against grocery and c-store operators looking to sell cold beer in Indiana.… Continue Reading
A California court recently held that Four Loko is not protected from liability in a wrongful death lawsuit. Fiorini v. City Brewing Co., LLC, 2014 WL 5743133 (Cal. Ct. App. Nov. 6, 2014). In this case, the parents of a 23-year-old college student sued the beverage company after their son drank two cans of Four Loko and then ended up in a confrontation … Continue Reading
A land use decision by the Oregon Court of Appeals could impact farm marketing activities across the state, imposing new permitting requirements and forcing changes to business operations.… Continue Reading
By Ashley Vulin
The recent privatization of the liquor industry in Washington made headlines all over the United States. Implementation, though, has not been without some hiccups. The Association of Washington Spirits and Wine Distributors (the Association) renewed focus on the law when it filed suit this spring against the Washington State Liquor… Continue Reading
Approximately 483 federal employees that work for the Alcohol and Tobacco Tax and Trade Bureau (TTB) have dutifully reported to work today “for the orderly shutdown of TTB.” We have all heard how that the inability of Congress to pass a spending bill is creating a shutdown of the federal government, but what does that really … Continue Reading
Up until now, there has been a pretty clear line between alcoholic and non-alcohol beverages. However, the Trademark and Trial Appeal Board of the USPTO in Joel Gott Wines, LLC v. Rehoboth Von Gott, Inc. found that there is a likelihood of confusion between trademarks used for wine (here, JOEL GOTT) and water (GOTT LIGHT).
The USPTO found that winery-branded… Continue Reading
In the last five years, the role of marketing portals and pick-and-pack warehouses in the direct shipping of wine has evolved from stake in the ground phase to nascent maturity. The most significant third party players have shifted from trying to find a legal, profitable model to converging on a core set of legal principles that are slowly finding buy-in from… Continue Reading
After years of temporary measures, the Oregon Legislature has adopted a long term framework for regulating winery activities on farmland. Unanimously adopted by both the Senate and the House, Senate Bill 841 is the product of a hard-earned consensus among Oregon wineries and other key stakeholders. … Continue Reading
By Peter Sergienko
In a paper published in the Proceedings of the National Academy of Sciences on April 8, researchers have projected changes in suitable growing regions for wine grape production in 2050 using runs on 17 different global climate models and assuming two different carbon emissions scenarios. The findings project major global geographic shifts… Continue Reading
Cary Greene, former general counsel to the influential association of U.S. wineries, WineAmerica, has joined Davis Wright Tremaine in its Washington, D.C. office. During his tenure at WineAmerica, Greene successfully supported the passage of winery direct-to-consumer shipping legislation in Maryland and Pennsylvania, and worked with distillers … Continue Reading
DWT developed the concept and wrote this bill for the Oregon Winegrowers Association. We hope that this becomes model legislation for our winery and brewery clients in other states as well.
The federal Alcohol and Tobacco Tax and Trade Bureau has recognized Elkton as Oregon’s newest American Viticultural Area (“AVA”). The decision allows local winegrowers to label their wines with the “Elkton Oregon” appellation.
The Elkton AVA contains nearly 75,000 acres and is located in Douglas County about 50 miles … Continue Reading
U.S. District Judge has barred Diageo from selling its "Stark Raving" wines in Sonoma County, Calif., after local winemaker Christian Stark was able show that his "Stark Wine" brand had attained sufficient notoriety in Sonoma County. However the injunction was limited only to Sonoma County, so Diageo is free to sell its wine everywhere… Continue Reading
Six of our winery clients make the top 100 Wineries of the Year by Wine & Spirits Magazine. Congratulations to Adelsheim, Bergstrom, Chateau Ste. Michelle, Chehalem, King Estate and Stoller for making the prestigious Top 100 Wineries of the Year!
These clients are a testament that wineries from the Pacific Northwest have something to show the world. Cheers!… Continue Reading
The Oregon Land Use Board of Appeals (LUBA) has issued two important new decisions regarding wine businesses on Exclusive Farm Use (EFU) land. Across Oregon, wineries and other wine-related businesses utilize several different permitting pathways to secure land use approval for their activities. The rules governing these pathways are convoluted, and… Continue Reading
Even as the various litigation questions get asked and answered to attract headlines, we are continuing to support many clients in each tier of the alcohol supply chain to deal with the changes brought by I-1183 and its implementation. The WSLCB and suppliers, distributors, and retailers are full-steam ahead on spirits privatization — including ongoing… Continue Reading
Great work, Joe Dobbes! We are proud to have represented 4 out of the last 6 wineries that have been named #1 hottest wine brand by Wine Business Monthly.
Joe Dobbes, Oregon winemaker, named the nation’s No. 1 ‘hot brand’ winner of 2011… Continue Reading
The maker of the controversial Four Loko flavored malt beverages has agreed to label its products with disclosures stating how much alcohol they contain compared to "regular" beer.
Craft beer manufacturers and producers in other categories should watch related regulatory efforts with some caution. TTB has previously proposed that all alcoholic… Continue Reading
The Distilled Spirits Council of the United States (“DISCUS”), which represents spirits manufacturers and suppliers, this week released new guidelines (PDF) for marketing and promoting alcoholic beverage products via social media and other digital platforms.
While guidelines such as these are not binding, and not directly enforced by … Continue Reading
This week, Oregon Governor John Kitzhaber signed House Bill 3280, which creates new land use rules governing wineries on farmland. This legislation is an important step forward for the Oregon wine industry and anyone who cares about sustainable agriculture. The bill does however leave several important questions unanswered.
Oregon’s… Continue Reading
This is an interesting time for the Northwest wine industry. Economic recession and a sophisticated and demanding consumer market have created unique challenges and great opportunities for winemakers throughout the region. In addition, a new executive director for the Oregon Winegrowers Association will bring new ideas and direction to the industry.… Continue Reading
DWT client Mateveza (an organic, naturally caffeinated beer) responded quickly to the State of Michigan’s efforts to ban "alcohol energy drinks" from the market.
The rash of regulatory responses to caffeinated products is driven largely by headline-grabbing problems at a few certain campus parties (which appear to have included not … Continue Reading
The TTB and USDA entered into a memorandum of understanding (MOU) regarding the use of the term "organic" on alcoholic beverage labels and advertisements. Pursuant to the MOU, the TTB will still be responsible for analyzing alcoholic beverage labels and advertising, but will review all claims of "100% organic", "organic"… Continue Reading