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Copper Cane Must Face Claims About Grapes' Origin - Law360 - paywall

July 16, 2021

Copper Cane argued labels state Elouan is bottled in California and therefore aren't deceptive, but a judge wrote Wednesday that it's "too close a call" to decide whether a reference to California on the back corner of the label would clear up a consumer's misunderstanding. ... While Copper Cane had also argued in its motion to dismiss that the Alcohol and Tobacco Tax and Trade Bureau had approved its labels and given it "safe harbor" under federal preemption, the Judge said the "informal" nature of the bureau's procedures do not give it the force of law ...