Husch Blackwell Partner Michael Annis and Senior Associate Emily Lyons are slated to provide five On-Demand Webinar Sessions at this year’s Digital Animal Health Summit hosted by the KC Animal Health Corridor on August 24, 2021.

The Digital Animal Health Summit features 1:1 business partnering, on-demand webinars, emerging company presentations and live stream programming with industry leaders. The Summit brings together organizations from within the Kansas City Animal Health Corridor, which is home to more than 300 animal health companies, representing the largest concentration in the world. Continue Reading Lyons & Annis to speak at Digital Animal Health Summit

On June 12, 2020, we blogged about the so-called ag gag law enacted by the Arkansas legislature.  Animal rights organizations such as People for the Ethical Treatment of Animals (PETA) or the Animal Legal Defense Fund (ALDF) often conduct undercover investigations of farms and ranches to uncover abusive practices and publicize them to the world.  A typical method for undercover investigation is to seek employment under false pretenses, then secretly film possible abuses. Continue Reading Arkansas Ag Gag Update

In addition to the regulatory requirements imposed on beer labels, as discussed in the Anatomy of a Beer Label: Part I on COLAs, and the intellectual property protection offered by trademarks, as discussed in the Anatomy of a Beer Label: Part II, brewers may consider the value they can create through trade dress and copyright. Continue Reading Anatomy of a Beer Label: Part III

On April 20, 2020, we blogged about the legal challenge to Montana’s requirement that sellers of cattle must contribute $1.00 per head to Montana’s Beef Council to fund advertisements for beef.  Many sellers would prefer to keep the money and spend it on their own forms of advertising.

As we explained in the previous post, the legitimacy of this requirement depends on whether the government has control over the content of the advertising.  If it does, courts treat the speech as the government’s and there is no First Amendment issue.  If government does not control the content of the advertising, the requirement constitutes compelled speech, which the First Amendment prohibits. Continue Reading Update on Cattle Checkoff

Aside from the regulatory requirements imposed on beer labels, as discussed in the Anatomy of a Beer Label: Part I post on COLAs, brewers should consider protecting the trademarks featured on their beer labels.

Trademarks

Since every brewer has a brand, consumers most commonly encounter brewers’ trademarks in the form of a brand name or logo.  Trademarks serve as source identifiers to distinguish the origin of goods and services and avoid consumer confusion.  Typically, a trademark may be a word, phrase, design, or a combination of such items, though trademarks may also protect sounds, colors, and smells under certain conditions.  For a beer label, trademark law is best suited to protect the brewery name, sub-brand or inventive beer name, and any slogans or logos. Continue Reading Anatomy of a Beer Label: Part II

During the height of the pandemic, most states implemented legislative changes and/or policy modifications for sales of alcoholic beverages for the duration of the state’s declared emergency. As the state of emergency orders are lifted, we are seeing most policies go back to pre-COVID licensing requirements and service restrictions, while some states are taking the opportunity to make some legislative changes and policies permanent. Some changes of note are as follows:

Indiana

  • Growlers and carry out service for certain retail restaurants has been rescinded.
  • Curbside service and delivery to customers in an area adjacent to the licensed premises has been rescinded.
  • Original documents such as tax clearances are once again required and in person hearings have resumed.

Pennsylvania

  • Pre-pandemic food, seating, square footage, and health permit requirements have resumed.
  • Retail licensees permitted to sell beer/brewed beverages and/or wine for off-premises consumption must also make these products available for on-premises consumption.
  • Retail licensees are no longer permitted to sell mixed beverages and bottles of liquor to go.
  • Temporary extensions for outside seating are no longer being processed on an expedited basis, extensions granted are no longer valid and those seeking to continue outside service pursuant to extensions granted during the state of emergency must file an application for extension of premises in the ordinary course.
  • The clock on licenses in safekeeping which was paused during the state of emergency order are restarted.

Virginia

  • The COVID-19 practice of allowing restaurants to continue to sell cocktails to go with a meal has been extended.
  • Nonprofit corporations or fundraisers holding banquet licenses that are authorized to sell wine in closed containers for off-premises consumption can ship wine within Virginia, if they are conducting a fundraiser through an online meeting platform.

For specific questions regarding these are other states changes, please contact Adena Santiago of Husch Blackwell.

A beer label tells consumers more than just what the bottle or can contains (e.g., brewed hops, grain, yeast, and water).  Labels inform consumers of important facts like the alcohol content by volume (ABV) and the net contents of the container, and may also provide insight on the flavor profile of the beer or the ethos of the brewery.  Some beer labels may even constitute works of art.  However, brewers should be aware that certain regulatory requirements apply to beer labels in the United States, and that certain forms of intellectual property can protect different aspects of beer labels.  This post is part of a three-part series, with Part I describing the regulatory requirements for a brewer’s beer label and the authorizations and protections those regulatory requirements confer. Continue Reading Anatomy of a Beer Label: Part I

The U.S. Department of Agriculture (“USDA”) announced late last month that it will be taking measures to support the enforcement of the Packers and Stockyards Act (“P&S Act”), a 100-year-old law designed to protect “poultry farmers, hog farmers, and cattle ranchers from unfair, deceptive and anti-competitive practices within the meat markets.” The proposed revisions involve additional changes to the unlawful conduct provisions of Title II of the P&S Act as well as a menu of grant and loan programs to address problems throughout the food supply chain. Continue Reading USDA to Begin Work to Strengthen Enforcement of the Packers and Stockyards Act

The Craft Beverage Modernization Act (“CBMA”) provisions of the Tax Cuts and Jobs Act of 2017 reduced excise taxes levied against all alcoholic beverage producers, large and small, foreign and domestic. In 2020, Congress made those tax cuts permanent and transferred responsibility for administering CBMA imported alcohol provisions from U.S. Customs and Border Protection (“CBP”) to the Treasury Department effective December 31, 2022. Domestic industry takes direct advantage of CBMA benefits when paying tax to TTB. However, foreign producers and importers will soon have to navigate a new system to take advantage of CBMA tax credits. Continue Reading Updates to the CBMA: How to Navigate TTB’s Proposed 2023 Refund Claims for Imported Alcohol System

On January 6, 2021, we blogged about two California farms’ challenges to California’s regulation requiring agricultural producers to grant unions access to their property to recruit workers.  The regulation required access for three hours a day – one hour before work started, one hour at lunch and one hour after work – for a maximum of 120 days per year.  The Ninth Circuit held that this regulation did not constitute a per se taking for purposes of the Fifth Amendment because it did not require access on a 24/7 basis. Continue Reading Update on Union Access to Property