ABT | Read Time: 4 minutes

What Jack Daniel Grill Tells Us About Trademark Licensing in Florida’s Alcoholic Beverage Industry

The Florida ABT’s 1998 Declaratory Statement tells that licensed alcoholic beverage retailers can pay manufacturers for the use of their trademark under certain terms. Friday’s Wanted to Create the Jack Daniel’s Grill In Declaratory Statement 98-01, the ABT was asked whether Friday’s Hospitality Worldwide Inc. (“Friday’s”, operators of the same restaurant chain at the time), a alcoholic beverage vendor,...

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Federal Regulation | Read Time: 4 minutes

Federal Advertising Rules for Alcoholic Beverages

Nearly all actors in the alcoholic beverage industry are subject to federal advertising regulations administered by the Trade Investigations Division of the Alcohol and Tobacco Tax and Trade Bureau (TTB). Separate regulations cover beer (27 CFR Part 7), wine (27 CFR Part 4), and distilled spirits (27 CFR Part 5), and there are a number of TTB administrative rulings...

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Federal Regulation | Read Time: 3 minutes

TTB: Generous Payment Terms Violate Federal Law

Under the Federal Alcohol Administration Act’s unfair competition and unlawful practices statute (27 US Code Section 205), alcohol suppliers are prohibited from selling alcohol to wholesalers and retailers on consignment. The TTB recently released Industry Circular 2022-1, which discusses the TTB’s position that long payment terms may violate the federal anti-consignment law. Federal Law Prohibits Anti-Competitive Arrangements Under Section...

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Federal Regulation | Read Time: 2 minutes

FDA Prior Notice Required for Imported Alcohol

FDA Prior Notice Provides Key Information about Imported Alcohol The US Food & Drug Administration (FDA) requires that a Prior Notice of Imported Foods be filed before any food product–including alcoholic beverages–be imported into the United States. The FDA Prior Notice is required regardless on the quantity of products being imported. For instance, a FDA Prior Notice is required...

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The Florida Breweries Report | Read Time: 2 minutes

THE FLORIDA BREWERIES REPORT – JANUARY 2022

MONTHLY HIGHLIGHTS The Data: The Florida Breweries Report reflects data published by the Florida ABT, which is available online here. The ABT monthly publishes the taxpaid sales for each brewery and distributor. Unfortunately, the ABT does not publish breweries’ sales to distributors. This means that the Florida Breweries Report reflects only breweries’ taxpaid sales, which are generally made in its taproom....

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Beverage Legislation | Read Time: < 1 minute

FLORIDA BEVERAGE LEGISLATION: 2022 POST-SESSION REVIEW OF BEVERAGE BILLS

No new beverage legislation comes out of Florida’s 2022 legislative session. All eight of the proposed bills that might have changed Florida’s alcoholic beverage industry failed to advance to a full vote of the Florida Senate or House of Representatives. In most cases–such as HB 715/SB 924, which would reduce the number of persons required to be served to...

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The Florida Breweries Report | Read Time: 2 minutes

THE FLORIDA BREWERIES REPORT – DECEMBER 2021

MONTHLY HIGHLIGHTS The Data: The Florida Breweries Report reflects data published by the Florida ABT, which is available online here. The ABT monthly publishes the taxpaid sales for each brewery and distributor. Unfortunately, the ABT does not publish breweries’ sales to distributors. This means that the Florida Breweries Report reflects only breweries’ taxpaid sales, which are generally made in its taproom....

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Breweries | Read Time: 3 minutes

Florida Distribution Agreements: Buyouts and Buybacks

This article is Part 2 of our two-part series on the termination of beer franchise rights in Florida. For Part 1, see Termination of Florida Beer Distribution Agreements. Florida’s Beer Franchise Statute (Fla. Stat. s. 563.022) recognizes that a Florida distributor acquires a valuable franchise right when it enters into a distribution agreement with a beer suppler (whether brewery...

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Breweries | Read Time: 4 minutes

Termination of Florida Beer Distribution Agreements

This article is Part 1 of our two-part series on the termination of beer franchise rights in Florida. For Part 2, see Florida Distribution Agreements: Buyouts and Buybacks. Florida’s Beer Franchise Statute (Fla. Stat. s. 563.022) puts severe controls on the contractual relationship between beer suppliers and beer distributors. Implicit to these controls is recognition of the beer franchise–a...

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The Florida Breweries Report | Read Time: 2 minutes

THE FLORIDA BREWERIES REPORT – NOVEMBER 2021

MONTHLY HIGHLIGHTS The Data: The Florida Breweries Report reflects data published by the Florida ABT, which is available online here. The ABT monthly publishes the taxpaid sales for each brewery and distributor. Unfortunately, the ABT does not publish breweries’ sales to distributors. This means that the Florida Breweries Report reflects only breweries’ taxpaid sales, which are generally made in its taproom....

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