Anheuser-Busch introduced its Michelob Ultra Organic Seltzer last month, advertising the beverage as the “First-of-its-kind organic option to the hard seltzer category,” “First USDA-certified organic seltzer,” “First National USDA Certified Organic Hard Seltzer,” and “First-ever national USDA certified organic hard seltzer.” » Read More

Theodore J. Zeller III, Esquire, a Member of Norris McLaughlin, P.A., and Chair of its Liquor Law, Licensing, Manufacturing, and Distribution Practice Group, and Matthew B. Andersen, an Associate of the firm, recently wrote “New Craft Beverage Tastes Run Afoul of Distribution Laws,” which was published in The Legal Intelligencer. » Read More

Theodore J. Zeller III, Esquire, a Member of Norris McLaughlin, P.A., and Chair of its Liquor Law, Licensing, Manufacturing, and Distribution Practice Group, was quoted in the Penn Live article, “State of craft beer in Pa: How long before the suds explosion goes flat?” » Read More

Theodore J. Zeller III, Esquire, a Member of Norris McLaughlin, P.A., and Chair of its Liquor Law, Licensing, Manufacturing, and Distribution Practice Group, was quoted in the Lehigh Valley Business article, “Brewers get a reprieve with excise tax extension.” » Read More

If you have been following this story for a while, you are keenly aware that the Pennsylvania Department of Revenue planned a change in policy for breweries’ direct sales to consumers.

Background

The story started in 2015 when this author obtained a letter from the Department of Revenue that suggested that breweries were exempt from paying tax on sales to consumers. » Read More

Recent history has taught liquor licensees and their attorneys to not get comfortable with current liquor law or regulation for too long without expecting change. As of August 31, 2019, Acts 45, 48, and 57 of 2019 brought more changes to the Pennsylvania Liquor Code. » Read More

The recent SCOTUS decision in Tennessee Wine & Spirits Retailers Association v. Thomas (“Tennessee Wine”) stirred things up in the alcoholic beverage industry.  As my colleague, Matthew B. Andersen, discussed, in Tennessee Wine, the Supreme Court found that Tennessee’s residency requirement to hold a liquor license was unconstitutional because it was a protectionist measure (i.e., » Read More

On June 28, 2019, Governor Wolf signed into law HB262, which amends the Tax Code for various reasons, but most importantly to the brewing industry, clarifies sales tax assessment for a brewery’s taproom sales to its consumers.

This journey for breweries in Pennsylvania began approximately five years ago when yours truly re-wrote a portion of the Liquor Code.  » Read More

Theodore J. Zeller III, Esquire, a Member of Norris McLaughlin, P.A., and Chair of its Liquor Law Practice Group, was contacted to be interviewed by multiple local media sources regarding the new brewery sales tax bulletin as general counsel to the Brewers of Pennsylvania. » Read More

In September 2018, the New Jersey Division of Alcoholic Beverage Control (ABC) issued, and quickly rescinded, a Special Ruling Authorizing Certain Activities by Holders of Limited Brewery Licenses. Amidst a media frenzy, the ABC decided that it should postpone the implementation of the Special Ruling so it could speak further with New Jersey’s limited breweries and other stakeholders in an effort to make the Special Ruling more palatable to the industry. » Read More