Tag: alcohol
-
Trademark Infringement Alleged over Pistol-Shaped Bottle for Adult Beverages
The Mexican owner of U.S. and Mexican trademarks for an “automatic pistol-shaped bottle design . . . used in connection with alcoholic beverages, with the exception of beers” and its exclusive U.S. distributor have filed trademark infringement claims against the company that sells, markets and imports into the United States Eagle Shot Tequila® in a…
-
Italian Vintner Alleges Trademark Infringement by German Wine Distributor
A Venice, Italy-based wine producer has sued a German wine distributor for unfair competition and trademark and copyright infringement in a federal court in California, alleging that the defendant ships to the United States for sale by a U.S. distributor a “gray market” product purporting to be the plaintiff’s pinot grigio wine. Santa Margherita, S.p.A…
-
TTB to Require Labeling of Cochineal Extract and Carmine in Wine, Malt Beverages
The U.S. Alcohol and Tobacco Tax and Trade Bureau (TTB) has issued a final rule ordering “the disclosure of the presence of cochineal extract and carmine on the labels of any alcohol beverage containing one or both of these color additives.” According to TTB, the rule responds to a Food and Drug Administration (FDA) regulation that…
-
ASA UK Chides Budweiser for Linking Beer to Sexual Success
The U.K. Advertising Standards Authority (ASA) has upheld a complaint alleging that a radio advertisement for Budweiser® beer violated rule 19.6 of the Broadcast Committee of Advertising Practice code by linking the consumption of alcohol to sexual success. According to ASA, the ad produced by AB InBev UK Ltd. featured a male speaker modeled after…
-
Federal Labeling Law Does Not Preempt Claims Against JOOSE® Maker
A federal court in California has refused to dismiss most of the putative class claims filed by a consumer against a company that made an alcoholic beverage containing high levels of caffeine, finding that a federal alcohol labeling law did not preempt state-law claims based on labeling or advertising and that the allegations of economic…
-
FDA Warns Company Making and Selling “Inhalable” Caffeine Product
The Food and Drug Administration issued a warning letter to BreathableFoods, Inc., which makes AeroShot Energy®, an “inhalable”caffeine product, on March 5, 2012. According to the agency, the AeroShot product is misbranded because it is labeled as intended for inhalation while the company’s Website indicates that the product is intended for ingestion. “Your labeling is…
-
FDA to Review Safety and Legality of Inhalable Caffeine
According to Senator Charles Schumer (D-N.Y.), the Food and Drug Administration (FDA) has agreed to investigate the safety and legality of AeroShot®, which allows consumers to inhale a powder delivering 100 mg of caffeine to the body. Created by a Harvard professor and a company led by Harvard graduate Tom Hadfield, the product was apparently…
-
Oxford Academic Wants WHO to Adopt Framework Convention on Alcohol Control
A university lecturer in global health politics at the University of Oxford has called for the World Health Organization (WHO) to use a “vastly underused” mechanism, a legally binding framework convention requiring just a two-thirds vote, to address the health burdens and mortality purportedly attributed to alcohol consumption. In the February 16, 2012, issue of…