The Scotch Whisky Association has filed a lawsuit alleging that the name of Virginia Distillery Co.’s Virginia-Highland Whisky misleads consumers into believing the alcohol beverage is a product of Scotland. Scotch Whisky Ass’n v. Va. Distillery Co., No. 19-1264 (D. Del., filed July 8, 2019). The complaint asserts the Virginia Distillery Co. product is described as “Whisky from Scotland married with Virginia Whisky,” allegedly violating federal regulations prohibiting the use of “words commonly associated with Scotland to designate any product not wholly produced in Scotland,” including “Highland” and “Highlands.” The association seeks an injunction, a recall, fees and costs for allegations of false advertising, unfair competition and deceptive trade practices.

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For decades, manufacturers, distributors and retailers at every link in the food chain have come to Shook, Hardy & Bacon to partner with a legal team that understands the issues they face in today's evolving food production industry. Shook attorneys work with some of the world's largest food, beverage and agribusiness companies to establish preventative measures, conduct internal audits, develop public relations strategies, and advance tort reform initiatives.

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