Now is the time to update your Proposition 65 warnings in California. On August 30, 2018, new regulations go into effect changing the warnings required for the food and beverage industries. Amendments to California’s Proposition 65, also known as the Safe Drinking Water and Toxic Enforcement Act of 1986, require businesses to provide “clear and… Continue Reading
The Tax Cuts and Jobs Act (the “Act”) has significantly impacted the alcohol industry, including changes to tax credits and new taxpayer definitions. As the Act has come into effect, the TTB continues to update alcohol industry members on the impact of the Act on related excise taxes. We issued an advisory in March regarding some of the new guidance … Continue Reading
Immigration site visits are on the rise and can occur without notice. The most common involve paperwork audits. In some cases, certain employees are targeted. Below is a guide that can help you prepare for and appropriately respond to a visit from the Department of Homeland Security.
Enforcement Agencies under the Department of Homeland Security… Continue Reading
Last week, we hosted the first session of a three-part workshop series with Oregon Entrepreneurs Network (OEN) entitled “Recipe For Success—Starting and Scaling Your Food & Beverage Business.” Session #1 focused on building your brand through digital promotion and protecting your brand through trademarks and other brand protection mechanisms.… Continue Reading
So you’ve got an idea for a food or beverage product or maybe even a product ready to go – but do you know how to build your brand? And better yet, how to protect that brand? This week we hosted the first of a three-part workshop series with Oregon Entrepreneurs Network (OEN) designed to help food and beverage companies answer these tricky yet critical questions.… Continue Reading
With the recent announcement that Amazon is buying Whole Foods, issues of channel disruption — that is, the ways consumers purchase food — have been on the forefront of people’s minds. On June 1, at DWT’s annual food and beverage executive summit, Farm to Label, we discussed this very issue. We were joined by panelists Madeline Haydon, founder of … Continue Reading
At Farm to Label, I presented a panel called “ABCs of Distribution to Grocery” with Brittany Sienia, Trade Analyst at Tillamook, Chris Tjersland, Partner Brands Development Manager at New Seasons and Ray VanWetten, Vice President-PNW Sales of Unified Grocers, Inc. We had a lively discussion on all aspects of the brand-distributor-grocery spectrum,… Continue Reading
We were honored to welcome more than 350 executives, investors, and entrepreneurs to our annual Farm to Label (F2L) food and beverage summit, in Portland, Oregon, on June 1st. Now in its fifth year, F2L has grown into a much anticipated annual gathering for idea-sharing, pragmatic business conversations, and networking for guests from throughout the West… Continue Reading
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