Marc E. Sorini
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Articles by Marc E. Sorini
Supreme Court To Hear Case on the Legality of Home Distillation
On Monday, October 19, the Supreme Court agreed to review a court of appeals decision on the constitutionality of the federal ban on distilling spirits in a “dwelling house” (home). The law was enacted in 1868 as part of a comprehensive reform designed to end widespread avoidance of the excise tax on spirits — then a substantial part of the federal budget. The issue is whether the prohibition is “necessary and proper” to effectuate the power of Congress to levy taxes.
SBA Proposes Changes to Its Small-Business Size Standards
The Small Business Administration (SBA) has proposed substantial changes to the way it sets size standards for small businesses. While the Brewers Association does not anticipate that these changes will materially change the competitive landscape for small and independent breweries, they will, if adopted, change how breweries are treated under some SBA programs. As many small brewers know, SBA can be an important ally to small businesses.
Sysco Seeks to Purchase Restaurant Depot
Restaurant wholesaler Sysco recently made a bid to purchase the parent company of rival “cash-and-carry” restaurant wholesaler Restaurant Depot. The deal contemplates Sysco paying $21.6 billion in cash and 91.5 million Sysco shares, representing a total enterprise value of approximately $29.1 billion. Many small and independent brewers rely on Sysco and Restaurant Depot for critical supplies to run a brewpub or taproom. These include both food and non-food items.
U.S. Copyright Office Cites BA Comments on Music Licensing
Last spring the U.S. Copyright Office solicited input on the role of performing rights organizations (PROs) in music licensing. The Brewers Association (BA) has long advocated for a more transparent and fair music licensing system. The BA accordingly submitted comments to the Copyright Office, as did the MIC Coalition, of which the BA is a member. The Copyright Office evaluated the 5,000+ comments received and recently sent a letter and summary of comments to Congress summarizing its findings.
The BA Submits Comments on TTB Proposed Rulemaking
On August 15 the Brewers Association (BA) filed comments on two important Alcohol and Tobacco Tax and Trade Bureau (TTB) rule making projects. TTB Notice 237 would impose “alcohol facts” nutritional labeling on most beer that moves in interstate commerce (i.e., crosses state lines). Notice 238 would impose mandatory allergen disclosures on beer containing any of the “big nine” allergens that moves in interstate commerce. Was this article helpful? YesNo Read More
The BA Submits Comments on TTB Proposed Rulemaking
On August 15 the Brewers Association (BA) filed comments on two important Alcohol and Tobacco Tax and Trade Bureau (TTB) rule making projects. TTB Notice 237 would impose “alcohol facts” nutritional labeling on most beer that moves in interstate commerce (i.e., crosses state lines). Notice 238 would impose mandatory allergen disclosures on beer containing any of the “big nine” allergens that moves in interstate commerce.
"One Big Beautiful Bill" Provides Benefits for Brewers
The passage of the “One Big Beautiful Bill” has transfixed Washington observers over the past two months. A centerpiece of President Trump’s agenda, the bill, now signed into law, provides a number of benefits for brewers.
Dietary Guidelines for Americans
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BA Testifies at Hearing on Proposed OSHA Heat Standard
On July 1, Brewers Association (BA) Vice President of Government Affairs Marc Sorini testified at a hearing on a proposed Occupational Safety and Health Administration (OSHA) rule on heat injuries and illnesses. The rule would impose a variety of safety standards on employers of workers who may face exposure to high or very high temperatures – defined as above 80º and 90º Fahrenheit.
BA Testifies at Hearing on Proposed OSHA Heat Standard
On Tuesday, July 1, Brewers Association (BA) Vice President of Government Affairs Marc Sorini testified at a hearing on a proposed Occupational Safety and Health Administration (OSHA) rule on heat injuries and illnesses. The rule would impose a variety of safety standards on employers of workers who may face exposure to high or very high temperaturesÔÇödefined as above 80┬║ and 90┬║ Fahrenheit.
"One Big Beautiful Bill" Provides Benefits for Brewers
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Dietary Guidelines
The Brewers Association expects the Department of Health and Human Services (HHS) to publish the 2025 Dietary Guidelines for Americans sometime in July. Final content of the revised Guidelines remains unknown, but multiple reports suggest that they will advocate that any alcohol consumption be done in moderation. We also expect that the next iteration of the Dietary Guidelines will shrink to a concise four pages.
Tariffs
Brewers continue to face supply chain uncertainty stemming from actual and threatened tariffs. On June 27, the President announced an end to trade talks with Canada. The primary reason given was Canada’s implementation of a digital services tax, which falls most heavily on U.S. companies. At the time of writing, it is not clear whether the increase in trade tensions between the U.S. and Canada will affect the current tariff status quo between the two countries.
On the Hill
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Aluminum and Steel Tariffs Set to Double
President Trump has announced plans to double the tariffs on aluminum and steel from 25% to 50%, effective this Wednesday, June 4. These increases will likely be taken under Section 232 of the Trade Expansion Act, which authorizes the president to impose tariffs for national security reasons. As such, the pending legal cases involving the president’s authority to impose tariffs in the case of emergencies will not affect these tariffs.
Tariffs
The next expected critical date for tariffs is April 2, when the President is expected to announce “reciprocal” tariffs targeting countries that the President believes impose unfair tariffs and other trade barriers on U.S. goods. The President may also revisit the current tariff exemption for most goods covered under the U.S.-Mexico-Canada agreement.
Submit Your Feedback on Issues Related to Performing Rights Organizations
Last month the U.S. Copyright Office (USCO) published a Notice of Inquiry (NOI) on issues related to performance rights organizations (PROs) in the Federal Register. The NOI states that the USCO is collecting information regarding issues related to PROs and the Copyright Act’s public performance right for musical works. This NOI was issued at Congress’s request as a way to gather information on questions related to the increasing number of PROs and their licensing revenue distribution practices.
Submit Your Input on Proposed TTB and FDA Labeling Regulations
In January both the Alcohol and Tobacco Tax and Trade Bureau (TTB) and the Food & Drug Administration (FDA) published proposals for new labeling regulations that would substantially impact America’s small and independent brewers, as well as other producers and importers of alcohol beverages. We now seek input from members in order to best protect the interests of small and independent brewers.
New TTB Formula Exemptions
On Thursday, December 5, the Alcohol and Tobacco Tax and Trade Bureau (TTB) issued Industry Circular 2024-2, exempting 24 brewing ingredients from the agency’s formula submission and approval requirements. The Industry Circular responds to two petitions filed by the Brewers Association (BA) requesting further exemptions from formula requirements. The TTB has previously exempted over 50 brewing ingredients from formula requirements in response to earlier petitions by the BA.
FDA Proposes Front-of-Packaging Labeling Mandate
In the waning days of the Biden Administration, the Food & Drug Administration (FDA) proposed a sweeping new rule that would mandate front-of-label (FOP) disclosures of certain nutrients on most packaged foods regulated under the Federal Food, Drug, and Cosmetic Act (FD&C Act). For products made by brewers, the FDA’s primary labeling authority covers fermented sugar hard seltzer products, as well as wines below 7% alcohol by volume, a category that includes most hard cider products.
2024 Government Affairs Year In Review
As the primary federal regulator of most beer products, the TTB has an enormous impact on small and independent brewers. In 2024 the TTB kept Brewers Association (BA) staff busy on several projects. Early in the year the TTB announced plans for “listening sessions” (basically hearings) and the solicitation of written comments on potential new labeling rules.
TTB Proposes Sweeping New Regulations Mandating Alcohol Content, Allergen, and Nutritional Information on Labels
On Friday, January 17, 2025, the federal Alcohol and Tobacco Tax and Trade Bureau (TTB) will publish two important Notices of Proposed Rulemaking (NPRMs) proposing changes for the labeling of alcohol beverages, including beer and “malt beverages”—the Federal Alcohol Labeling Act term for beer under the TTB’s regulatory authority. The Brewers Association anticipated both rulemakings and submitted written comments and provided testimony on the subjects covered by them last year.
Recapping a Dramatic Week in Federal Antitrust Developments
The past week saw a flurry of antitrust news with implications for small and independent brewers. Most notably, two different courts issued preliminary injunctions blocking the proposed Kroger-Albertsons merger—a win for small and independent brewers, as well as other suppliers to the grocery category.
TTB Clarifies and Refines Social Media Advertising Policy
The Alcohol and Tobacco Tax and Trade Bureau (TTB) recently published an Industry Circular on social media, Industry Circular 2024-1.
TTB Exempts 24 Additional Ingredients from Formula Requirements
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OSHA Extends Comment Period on Proposed Heat Injury Rule
The Occupational Safety and Health Administration (OSHA) has extended the public comment for its proposed Heat Injury and Illness Prevention rule from December 30, 2024, until Tuesday, January 14, 2025. The Brewers Association (BA) is watching this rulemaking closely, as it could affect brewing and taproom operations for many of our members. The proposed rule aims to protect indoor and outdoor employees from heat-related illness.
Federal Court Restores Balance to Missouri's Franchise Law
On Friday, November 8, the U.S. Court of Appeals for the Eighth Circuit issued an opinion that restores balance to the interpretation of Missouri’s alcohol beverage “franchise” law. In reversing the decision below, the Eighth Circuit agreed with the position of the Brewers Association (BA) and other amici and will reduce the likelihood that the franchise law is applied to small suppliers. Major Brands v.
Court Supports Expanded Self-Distribution Abilities
A U.S. district court has found an Iowa law that allows in-state wineries to sell directly to Iowa retailers (i.e., self-distribute), but bars out-of-state wineries from exercising the same privilege unconstitutional. Like many states’ laws governing breweries, wineries, or distilleries, Iowa extended self-distribution privileges only to holders of a particular winery license. And, like most states, that license was only available to producers located within the state.
TTB Commences Long Process to Revise its Labeling Rules
The Alcohol and Tobacco Tax and Trade Bureau (TTB) recently initiated a long-anticipated project to revise the labeling regulations that apply to all the products under its jurisdiction, including most beers (called “malt beverages” under TTB nomenclature). The TTB is considering mandatory disclosure rules for alcohol content, major allergens, nutritional information, and ingredients.
Intoxicating Hemp Beverages - A Legal Primer
Legal Insights Intoxicating Hemp Beverages – A Legal Primer Link to article Link to author biography Written By Marc Sorini , General Counsel General Counsel Marc Sorini, General Counsel for the Brewers Association, is a beer lover and homebrewer who has served as a counsel for small and independent craft brewers for more than two decades.
Federal Antitrust Regulators Publish Revised Merger Guidelines
Last month, federal antitrust regulators published a final version of their revised Merger Guidelines to inform their future enforcement efforts aimed at protecting fair competition in the U.S. economy. The Brewers Association (BA) submitted comments on the first draft of the revised guidelines in September. Those comments responded favorably to the proposed changes, and the BA is pleased that the final guidelines adhere to the more pro-competition direction reflected in the earlier draft.
Brewers Association Submits Comments on Revised Federal Merger Guidelines
On September 18 the Brewers Association (BA) submitted comments to the Federal Trade Commission (FTC) concerning the agency’s revised draft Merger Guidelines. While not binding law, for decades the Merger Guidelines have guided FTC and Department of Justice (DOJ) decisions on when to challenge proposed mergers and acquisitions. In its comments, the BA applauds the general direction of the revised guidelines.
Brewers Association Comments on TTB Trade Practice Modernization
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Supreme Court Opinion Favors Position Taken by the Brewers Association in Important Trademark Law Ruling
On June 8, the U.S. Supreme Court issued its opinion in the case of Jack Daniel’s Properties v. VIP Products, a litigation of interest to the Brewers Association (BA) and the alcohol beverage industry.
Change of Ownership Compliance Obligations
If your brewery has experienced a change in ownership or control, it is time to evaluate whether your brewer's notice remains up-to-date.
Proposed Kroger-Albertsons Merger: Member Input Requested
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Legal Q&A on Shipping Beer Direct-to-Consumer
The Benefits of Direct-to-Consumer (DtC) Shipping of Beer What is this market about? How does a brewer decide to begin a DtC shipping program? The decision on whether to engage in DtC will vary from brewer to brewer. We believe that DtC will work for some brewers and some products, but not others. As a […] Members Only Content Get access to this article, and every article, the BA forum, and every technical resource with a Brewers Association membership. Log In Not a Member? Join Now
Brewers Association Submits Comments to FTC on Supply Chain Disruptions
On Friday, January 28, the Brewers Association (BA) submitted comments to the Federal Trade Commission (FTC) to document the challenges craft brewers have faced due to recent supply chain disruptions. The FTC initiated the study in November in order to better understand the multiple supply chain issues now affecting the economy, with a focus on issues within the jurisdiction of the agency (for example, competition policy).
Evolution Towards a Better Beer Distribution System for All
By Marc Sorini Marc Sorini is General Counsel for the Brewers Association. Prior to joining the BA, he represented small and independent craft brewers for over two decades as a partner with McDermott Will & Emery law firm, representing the BA and its predecessor organization, the Brewers Association of America (BAA).
Examining Lebamoff Enterprises v. Whitmer | JD Supra
The US Court of Appeals for the Sixth Circuit’s recent decision in Lebamoff Enterprises v. Whitmer upheld Michigan laws permitting direct-to-consumer shipping by in-state alcohol beverage retailers but prohibiting such activity by out-of-state retailers. The court’s opinion in Lebamoff appears to substantially depart from recent Supreme Court teachings on the interplay of the Commerce Clause and the 21st Amendment.
Mississippi Supreme Court Rejects ‘Passage Of Title' DTC Theory
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Mississippi Supreme Court Rejects ‘Passage of Title’ DTC Theory | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
Mississippi Supreme Court Rejects ‘Passage of Title’ DTC Theory
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Mississippi Supreme Court Rejects ‘Passage of Title’ DTC Theory
Last week, the Supreme Court of Mississippi handed down an opinion in Fitch v. Wine Express Inc., No. 2018-SA-01259-SCT. A state court decision on the rather dry subject of personal jurisdiction often merits little comment, but the Fitch opinion features an emphatic rejection of the legal theory relied upon by many direct-to-consumer retail alcohol sellers today.
Craft Beer Mergers and Acquisitions
Over the past several months, 15 notable deals have taken place in the craft beer space, continuing a trend toward consolidation in the industry. While the terms of most transactions remain undisclosed, the deals generally fall into three buckets: Strategic deals designed to combine leading brands and brewers and leverage distribution capacity; Targeted asset acquisitions designed primarily to expand brewing capacity; and Restructuring transactions.
What to Know About FDA’s Recent Statements on CBD | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
What to Know About FDA’s Recent Statements on CBD
Last week FDA issued a public release on CBD titled, “What You Need to Know (And What We’re Working to Find Out) About Products Containing Cannabis or Cannabis derived Compounds, Including CBD.” The FDA document does not break much new ground, though it emphasizes again FDA’s concern with the safety of CBD, some of which comes from FDA’s review of the CBD-based epilepsy drug Epidiolex.
SAFE Banking Act Passes House, Extends Cannabis Safe Harbor Protections | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
Court Dismisses Challenge to TTB's Rejection of Health Claims on Vodka | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
Court Dismisses Challenge to TTB’s Rejection of Health Claims on Vodka
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