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Alcoholic Beverage and Cannabis Regulatory and Legal Updates

Cider bottle with “2024” crossed out beside apples in an orchard, with the headline “Your cider has a vintage. TTB may not let you print it.”

Your cider has a vintage even if TTB will not let you print it

Grapes get a vintage. Apples get a labeling restriction. Garden Path’s challenge to TTB’s cider rules ended over administrative exhaustion, leaving the First Amendment question unanswered. The filings offer lessons for producers seeking to put truthful harvest-year information on their labels.

Illustration of Lady Justice beside a cannabis billboard near Perris, California, highlighting Judge Sykes's First Amendment ruling in Lamar v. Perris.

Judge Sykes Takes On the Fifth Circuit’s Cannabis Advertising Shortcut

Judge Sunshine Sykes takes on the Fifth Circuit’s approach to cannabis advertising and the First Amendment. Her thoughtful preliminary injunction opinion examines the same-sovereign theory, consumers’ rights to commercial information, and why federal cannabis prohibition should not automatically end the constitutional inquiry. Read the opinion, appellate briefs, and access the Ninth Circuit oral argument.

Wine and tequila bottles flank the headline The Bandido Fights Back, with a courthouse in the background.

El Bandido Yankee Fights Back: Ninth Circuit Reverses Sutter Home’s Trademark Win

Sutter Home won twice in its effort to block El Bandido Yankee’s trademarks. Then the Ninth Circuit reversed, explaining why the whole mark matters and why evidence of marketplace coexistence deserved consideration. The decision offers beverage brands practical lessons about resisting expansive trademark claims and building the evidence needed to defend a name.

Beverage warehouse and promotion paperwork with a headline about Fedway and defending trade practice claims

Throwback Friday: What Fedway Teaches Suppliers and Distributors About Defending Against Trade Practice Claims

A valuable incentive. More sales. Fewer purchases from a competitor. Those facts alone don’t establish unlawful exclusion. This Throwback Friday, we revisit Fedway and explain how suppliers and distributors can challenge unsupported trade practice claims by demanding evidence of a potential threat to retailer independence.

“Terminated. Now what?” beside a wine carton held by two people, a termination notice, and a phone with a lock icon, illustrating the KRIS–Winebow dispute.

KRIS and Winebow: Selling the Wine While Fighting Over the Exit And How to Get There

A termination notice does not finish the handoff. The KRIS–Winebow dispute highlights the contract terms brands and wholesalers need for continued sales, compensation, trademark use, and control of websites and social accounts. Includes sample language addressing performance during the transition and the transfer of digital brand assets.