Regulation & Compliance

A Whiskey by Any Other Name

At the end of 2014, the TTB issued a clarifying “Frequently Asked Question (FAQ)” regarding age statements on whiskey labels. It was significant, as it reinforced the TTB’s firm stance on label compliance, especially for whiskey and bourbon labels....

Legal Considerations for Leasing or Purchasing Real Estate for Distilleries

With the growth of the distilling business, landlords are paying more attention to potential tenants in this industry, which present a viable solution for spaces left vacant by traditional retailers. The number of active craft distilleries in the United...

A Tale of Two Distilleries: Exploring Two Paths to Building a Code-Compliant Distillery

As the craft-spirits industry expands and gains prominence nationwide, there has been an accompanying increase in scrutiny by building and fire officials. The applicable codes are often not well understood, not only by members of the distilling community, but...

I Made This from Scratch

The era was not too dissimilar from the current one, in which a group of distillers set about protecting the images and their brands through regulations to create a certain designation on their label. Just as a valiant group...

Defending Yourself from Trademark Infringement

What should you do when someone accuses you of “trademark infringement,” often in a certified letter written by a lawyer? This article contains some suggestions on how to handle the situation. What is Trademark Infringement? Trademark infringement occurs when consumers are...

What the Bottled in Bond Act of 1897 Means Today

“Bottled in bond” is a phrase coined more than 100 years ago in the whiskey business to assure the purchaser that he was buying the real deal. Prior to Prohibition, counterfeit whiskey flooded the unregulated market, at best swindling...

CORE

The conversation usually starts like this: “I’m a little behind on my monthly TTB reporting and I’m not sure how to get caught up.” Or “Our compliance manager has left the company and I’m not sure where we are...

A Law of Unintended Consequences

When it comes to the law of unintended consequences, there is now the case of a law, originally intended to encourage the use of Michigan farm products within the state’s distilleries and brewpubs, unexpectedly transforming the Wolverine State into...

Reading the label — The Basics

Product labels are among the many critical items in the distillery start-up process, and they are just as important in the growth of the distiller’s product line in the marketplace. Whether simple and direct, or complex and wordy, the...

Distilled Spirit Labeling — The COLA Process

Download 5 March 2002 Issue The primary regulator of distilled spirit labeling is the Bureau of Alcohol, Tobacco & TFirearms (“ATF”), although other federal and state agencies also play limited roles. This article discusses the cer- tificate of label approval, or...