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Aug 01, 2019

Will Tennessee Wine Case Affect New Jersey Brewery Laws?

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., intended to reduce competition from out-of-state businesses for the benefit of local businesses) clothed as a police power in violation of the Commerce Clause.  » Read More

May 30, 2019

It’s Back: Controversial Special Ruling Defining Limited Brewery Activities Has Returned (With Changes)

In September 2018, the New Jersey Division of Alcoholic Beverage Control (ABC) issued, and quickly rescinded, a Special Ruling Authorizing Certain Activities by Holders of Limited Brewery Licenses.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

May 13, 2019

Getting Stuck in a Crowd: If You Need Crowdfunding to Support Your Business, You Are Not Fit to Hold a New Jersey Liquor License

Crowdfunding has become a popular way for businesses, including breweries, to not only raise money, but also market their brand before launching their products.  Although crowd-sourced funding has its benefits, it also has its pitfalls.  For instance, what happens if you use crowdfunding prior to opening your brewery, but you never open your doors due to unforeseen circumstances, and the money you raised on Kickstarter is gone?  » Read More

May 07, 2019

TTB Passes on CBD

The United States Patent and Trademark Office (USPTO) wasn’t the only federal agency to release guidance on the use of CBD in food and beverages last week. On April 25, 2019, The Alcohol and Tobacco Tax and Trade Bureau (TTB) issued Industry Circular 2019-1, Hemp Ingredients in Alcoholic Beverage Formulas. » Read More

Feb 07, 2019

ABC Relaxation of COLA Requirement for Intrastate Sales

Relax.  You may not always need a COLA to register your brand in New Jersey.

In a prior post, we talked about the need to obtain a COLA for New Jersey brand registration per New Jersey regulations, even if the brand is sold intrastate only, or just in your taproom (and therefore would not require a COLA under federal law).  » Read More

Jan 25, 2019

How to Prepare Your Brewery for an FDA Inspection

On October 12, 2018, I spoke at The Brewers of Pennsylvania 4th Annual Mid Atlantic Brewers’ Symposium about inspections of breweries by the United States Food and Drug Administration (“FDA”).  These inspections are still relatively new to breweries, but it is imperative that every brewery is prepared and compliant for the inevitable day the FDA comes to visit.  » Read More

Nov 26, 2018

Let Everyone Know They Can Bring Their Own Bottle: New Jersey Ban on BYOB Advertising Deemed Unconstitutional

Our restaurant clients – those who do not have a liquor license – frequently ask us about the BYOB rules in New Jersey.  What types of alcoholic beverages can customers consume on the premises?  (Wine and beer only.)  Can I charge a “corkage” or “service” fee to those bringing their own beer or wine to my restaurant?  » Read More

Nov 13, 2018

Pennsylvania New Distributor Packages, Slushies, and Food Health Safety Considerations

In Pennsylvania, consumers have enjoyed the benefits of new packaging opportunities offered by Pennsylvania Distributor Licenses under recent, dynamic changes to the Pennsylvania Liquor Code.  We have chronicled those changes previously in many different blogs including our slushy blog, which you can access here.  » Read More

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