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As we previously reported, most states authorize direct-to-consumer (DTC) shipments of wine if the shipper has obtained the correct license, but this area of law has continued to evolve through litigation. Recently, the Virginia Court of Appeals decided a case involving whether an out-of-state online wine retailer (the retailer) was required to maintain multiple licenses for multiple out-of-state locations. This case should be of interest to any multistate wineries, breweries, or retailers selling and shipping wine or beer to consumers.

Continue Reading “Places of Business” Matter in the Virginia Alcoholic Beverage Control Act

The Virginia ABC will assess a regulatory scheme for liquid nicotine, with the consultation of stakeholders, and issue a report and recommendations.Continue Reading Stakeholders’ Input Welcome: Virginia ABC to Assess Options for Regulating Liquid Nicotine in the Commonwealth

On August 2, 2021 and March 3, 2022 we reported on Executive Order 14036 (E.O. 14036) and the subsequent Treasury report entitled, “Competition in the Markets for Beer, Wine, and Spirits” (Report), which, among other things, directed the Alcohol and Tobacco Tax and Trade Bureau (TTB) to consider: (1) initiating a rulemaking to…

Several Washington breweries and beer distributors filed suit in federal court against the Oregon Liquor and Cannabis Commission, the State Attorney General, and the Governor. The out-of-state breweries are challenging Oregon laws that (1) allow resident breweries to sell, ship, and deliver beer directly to Oregon consumers with a direct shipper permit, but only allow…

The Uniform Law Commission, which writes model laws proposing more clarity in key areas of state law, recently adopted the Uniform Alcohol Direct-Shipping Compliance Act (Model Law), receiving quite a bit of attention within the alcoholic beverage industry.

While the Model law addresses numerous topics, it focuses mostly on the shipment, rather than the…

The Fifth Circuit Court of Appeals recently ruled in favor of a craft beer producer over the Texas Alcohol Control Board (TABC) in a case that asked which brewers can sell beer to customers for off-premises consumption. The plaintiff, CANarchy Craft Brewery Collective, challenged TABC’s interpretation of a 2019 amendment to the Texas Alcoholic Beverage…

This article originally appeared in Cannabis Business Executive and is republished here with permission.

The rapid evolution of the cannabis industry in the United States poses many unique questions, the most interesting of which is what cannabis regulation will look like under federal legalization. Although (legal) cannabis is a brand new industry, it is not…

A North Carolina (NC) federal judge recently ruled a NC Alcoholic Beverage Control (ABC) Commission regulation as an unconstitutional restriction on free speech. The regulation’s challenge occurred after the ABC Commission denied Flying Dog Brewery’s request for label approval on the basis the proposed label was in “bad taste” and “inappropriate.”[1]

Background. As reported…

Most of us are keenly aware of the ongoing fallout from the Russian Federation’s invasion of Ukraine. As the conflict continues, the U.S. government has taken action to support Ukraine, while at the same time, punishing the Russia Federation for its violation of international law and norms. Consistent with this strategy, on March 11, President…

As we previously reported, Executive Order 14036 (E.O. 14036) required the Treasury secretary, who oversees the Alcohol and Tobacco Tax and Trade Bureau (TTB), to issue a report to the White House Competition Council (the Council) chair, assessing the current market structure and conditions of competition in the U.S. alcohol market.

In response to…