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Alcohol Producers: Think Twice Before Advertising Health Benefits on Product Labels.

In the case Bellion Spirits, LLC, et al v. United States of America, et al., a Federal Judge in Washington, DC, denied Bellion’s Motion for Summary Judgment and granted the Government’s Cross-Motion in a deceptive labeling matter.  Bellion infuses their vodka with a compound called NTX.  They claim “NTX helps protect DNA from alcohol-induced damage” and “NTX reduces alcohol-induced DNA damage.”  Allegedly, these claims cannot be substantiated, and therefore, are not allowed to be put on the vodka bottles’ labels. The full court opinion can be found here. https://law.justia.com/cases/federal/district-courts/district-of-columbia/dcdce/1:2017cv02538/191428/39/

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The Author

Marbet Lewis

Marbet Lewis

Marbet Lewis has focused her practice on the laws governing the alcohol industry and the manufacture, importation, and sale of alcohol beverage products since 2004. She represents clients in all aspects of alcohol and business licensing in Florida including alcohol licensee mergers and acquisitions, negotiation of asset purchase agreements and required alcohol use provisions, license transfers and licensing due diligence, trade practices, alcohol product advertising and review of marketing agreements, importation agreements, label approvals, and regulatory compliance guidance. Her experience also includes enforcement action defense and administrative litigation, zoning and land use due diligence and approval processes, and state and local government regulatory compliance. She works with domestic and foreign suppliers, wholesalers and a broad range of retailers, including nightclubs, bars, movie theater operators, hotels, restaurants, supermarkets, bars, nightclubs, and pharmacy chains.

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