The U.K. Chief Medical Officers have advised consumers to drink less than 6 pints of beer per week under new guidelines for alcoholic beverage intake. Revising previous standards that set weekly limits at 21 units of alcohol for men and 14 units for women, the updated recommendations urge all consumers to imbibe fewer than 14 units weekly and warn that drinking even a moderate amount of beer, wine or spirits on a regular basis allegedly raises the risk of developing certain cancers. They also caution individuals to spread consumption over three or more days instead of engaging in “binge” drinking sessions. “Drinking any level of alcohol regularly carries a health risk for anyone, but if men and women limit their intake to no more than 14 units a week it keeps the risk of illness like cancer and liver disease low,” said Chief Medical Officer of England Sally Davies in…
Tag Archives wine
The U.S. Court of Appeals for the Second Circuit had upheld the conviction of a man who sold $20 million worth of counterfeit wine by mixing lower-priced wines and pouring them into the bottles of more expensive wines. USA v. Kurniawan, No. 14-2928 (2nd Cir., order entered December 22, 2015). The man challenged the search of his home on Fourth Amendment grounds, arguing that the evidence police found should have been inadmissible. The appeals court disagreed, finding that although the warrantless protective sweep had been illegal, the police affidavit provided enough additional evidence beyond what was found during the protective sweep to support issuing the warrant. Accordingly, the court affirmed a lower court’s judgment that the man must serve 10 years in prison and pay $28 million in restitution along with $20 million in forfeiture. Issue 589
A University of Washington study has allegedly found that many red wines produced in California, Washington, New York and Oregon contain arsenic levels exceeding the U.S. Environmental Protection Agency (EPA’s) limit for drinking water of 10 parts per billion (ppb). Denise Wilson, “Arsenic Content in American Wine,” Journal of Environmental Health, October 2015. Authored by an electrical engineering professor, the study purportedly finds that all samples taken from 65 representative wines contained inorganic arsenic, with an average arsenic level of 23.3 ppb. In addition, 58 percent of the samples contained lead and 5 percent exceeded EPA’s lead limits for drinking water. A companion study notes that adults who consume high quantities of rice and infants who consume organic brown rice syrup could also be ingesting arsenic at levels that exceed maximum recommended amounts. The research ultimately raises concerns about dietary exposure to arsenic from multiple sources, urging wineries to test…
With the launch of services targeting the grocery and alcoholic beverage segments, Amazon.com, Inc., has garnered media attention for its latest forays into a new and competitive marketplace. In a September 1, 2015, article, The Los Angeles Times compares Amazon’s Farmers Market Direct program to other food delivery startups aiming to bring fresh local products from farm to doorstep. A partnership with Connecticut-based Fresh Nation, the Farmers Market Direct program seeks to connect Southern California agricultural producers to Amazon’s consumer base, promising food delivery within 36 hours of harvest. As the Times notes, “Development of food-delivery technology has attracted an enormous amount of money. About $710 million was invested in the segment in the first half of 2015, more than the $681 million invested all of last year.” Meanwhile, The Wall Street Journal reports that Amazon’s one-hour delivery service for alcohol beverages joins “more than a half-dozen alcohol delivery startups……
Video publisher The Criterion Collection has filed a trademark dilution suit against Whole Foods and an alcohol supplier alleging that a line of wines introduced in June 2015 infringed on its name. The Criterion Collection v. Whole Foods Mkt., No. 15-7132 (S.D.N.Y., filed September 10, 2015). The Criterion Collection has licensed and published classic films with additional “value added” content since 1984, beginning with Citizen Kane. “To the consuming public, ‘The Criterion Collection’ has become, over time, broadly associated with technical excellence, artistic value and cultural importance,” the complaint asserts. In 2015, Whole Foods and Winery Exchange, Inc. began selling “Criterion Collection” wine purported to be hand-selected by the grocery chain’s master sommelier, Devon Broglie. The Criterion Collection alleges that this use infringes its trademark under the Lanham Act and New York law and seeks a permanent injunction and damages. Issue 578
Buckfast Abbey, an English monastery approaching its millennial anniversary, has drawn criticism for its production of a sweet caffeinated wine, The New York Times reports. The beverage, which the abbey sells in 750-milliliter bottles through a distributor, is 15 percent alcohol and contains more than 300 milligrams of caffeine. The fortified wine was originally sold as a tonic, intended for medicinal purposes, but in recent years has gained popularity in Scotland among young people. Critics cite a 2009 report for the Scottish prison service that purportedly found that four in 10 young offenders ranked Buckfast tonic wine as their favorite drink, and 43.3 percent of respondents said they consumed the beverage before committing a crime. “There is no doubt that caffeine-alcohol mixers make wide-awake drunks,” a physician and member of Scottish Parliament, Richard Simpson, told the Times. “If you drink enough alcohol you eventually become comatose, but if you combine…
Franciscan Vineyards has filed an opposition against Home Box Office, Inc.’s (HBO’s) 2014 trademark application for “Three-Eyed Raven,” a beer collaboration between HBO and Ommegang Brewery based on the network’s “Game of Thrones” series. U.S. Trademark Application Serial No. 86309080 (notice of opposition filed May 11, 2015). Franciscan owns trademarks used by Ravenswood Winery, including “Ravens,” “Ravenswood” and a drawing of three black ravens forming a circle. The winery asserts that consumers are likely to be confused and challenged HBO’s intention to use the “Three-Eyed Raven,” alleging that the company had no intention to use the mark and, further, had committed fraud when it told the U.S. Patent and Trademark Office that it did. Ommegang began selling Three-Eyed Raven, its fifth collaboration with HBO, in April 2015. Issue 566
A consumer has filed a putative class action in Louisiana federal court against several California wineries alleging that their products contain “dangerously high” levels of arsenic, echoing a similar lawsuit filed in California in March 2015. Crespo-Bithorn v. The Wine Grp. Inc., No. 15-1424 (M.D. La., filed April 20, 2015). The complaint alleges that the wineries “sell and distribute wine to consumers at inorganic arsenic levels significantly higher than what the State of California considers the maximum acceptable limit for safe daily exposure” and asserts that the advertising and marketing of each wine was deceptive because it failed to warn of the arsenic levels. The plaintiff seeks national and state class certification and damages for the Louisiana cause of action of redhibition as well as alleged violations of Louisiana consumer protection statutes and the Magnuson-Moss Warranty Act. Details about the March lawsuit appear in Issue 559 of this Update. …
Citing independent product tests, four consumers seeking to represent a class have filed a lawsuit in California state court alleging that dozens of wineries in the state manufacture and sell wine that contains as much as five times the maximum safe daily limit of arsenic. Charles v. The Wine Grp., Inc., No. BC576061 (Cal. Super. Ct., Los Angeles Cty., filed March 19, 2015). “[J]ust a glass or two of these arsenic contaminated wines a day over time could result in dangerous arsenic toxicity to the consumer,” the complaint alleges. The plaintiffs apparently hired BeverageGrades, an independent laboratory in Colorado, to test for levels of inorganic arsenic, which is “substantially more toxic and dangerous to humans” than organic arsenic, the complaint says. Ingestion is reportedly linked to a variety of health issues, including nausea, vomiting, disturbances of the cardiovascular and nervous systems, and type 2 diabetes. The complaint asserts that in…
A consortium of prosecco manufacturers has reportedly contacted the United Kingdom’s Food Standards Agency and Intellectual Property Office to threaten legal action under EU trading regulations against British wine bars and pubs that refuse to stop serving the sparkling wine from a keg. Prosecco sales apparently surpassed those of its rival, champagne, for the first time in 2014, and in the same year the United Kingdom replaced Germany as the top export market for prosecco. “If prosecco is sold on tap then it is no longer prosecco—it needs to be served directly from the bottle,” Luca Giavi, director of the consortium, told The Telegraph. The winemakers cite a 2009 European law which states that “prosecco wine shall be marketed exclusively in traditional glass bottles,” and the president of the consortium, Stefano Zanettin, asserted that violations can merit fines ranging from €2,000 to €20,000. Michele Anzaldi, a member of the Italian…
