The Learned Concierge - March 2026, Vol. 28

The Learned Concierge

Welcome to your monthly legal insights on the trends impacting the Retail, Hospitality, and Food & Beverage Industries.

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Alcohol Law

Colorado SB 26-094: A Potential Game-Changer for Craft Distillers and Colorado’s Alternating Proprietor Framework

Mike Laszlo and Jason Canvasser authored an article, “Colorado SB 26-094: A Potential Game-Changer for Craft Distillers and Colorado’s Alternating Proprietor Framework.”

Colorado Senate Bill 26-094 would meaningfully expand production flexibility for breweries, wineries, and distilleries by broadening the state’s alternating proprietor framework under Colorado Senate Bill 26-094. For restaurants, bars, hotels, and specialty stores, this could accelerate the launch of new craft beer, wine, spirits, and ready-to-drink products, increasing local sourcing opportunities and product diversity. By lowering capital barriers for startups and enabling adjacent producers to share bottling and storage capacity, the bill may stimulate innovation and competition within Colorado’s craft beverage market. Ultimately, expanded collaboration among producers can translate into more unique offerings, stronger local partnerships, and differentiated beverage programs across the state.

The Rise of Clean Alcohol

Widespread consumer demand for clean-label products is now extending into the alcohol category, driving growth in beverages made with simple, transparent ingredients. Producers are responding by reformulating spirits, wines, and beers to highlight natural, recognizable components that align with evolving shopper preferences. Click here to read more.

Pennsylvania Lawmakers Consider Bill Allowing Third-Party Alcohol Delivery

Proposed legislation to allow third-party delivery of alcoholic beverages could significantly shift how products reach consumers, creating new convenience and access opportunities. Businesses may need to adapt operations, logistics, and compliance practices to accommodate delivery while ensuring age verification and responsible service. The change could alter competitive dynamics, as traditional distribution channels face pressure from app-based delivery services. Successfully navigating these regulations and safeguards will be key to maintaining market share and meeting evolving consumer expectations. Click here to read more.

A New Chicago Liquor Tax Goes into Effect Next Month – Here’s What it Means for Your Wallet

Starting March 1st, Chicago will implement a 1.5% tax on the retail price of alcohol purchased for off-premises consumption, replacing the previous per-gallon tax. The tax increases with the price of the beverage and is added on top of the city’s standard 10.25% sales tax, but does not apply to alcohol consumed at bars or restaurants. Click here to read more.

Government Update to New Alcohol ‘Restriction’ Calls as DoH Issues Official Statement

The UK Department of Health and Social Care confirmed that alcohol advertising currently follows voluntary codes regulated by the Advertising Standards Authority, though it is reviewing whether stricter statutory restrictions might be needed to reduce alcohol-related harm. This comes amid ongoing concerns about the public health impact of alcohol, which contributes to approximately 15,000 deaths annually in the UK. The government is also funding innovative technologies, including AI and wearable devices, to support the prevention and treatment of alcohol and drug addiction. Click here to read more.

Cybersecurity & Privacy

The Monthly Rundown of All Things Cyber, Privacy, and Technology

Click here to read the Right to Know – February 2026, Volume 38

New York Amended Its Fair Credit Reporting Act

New York has amended its Fair Credit Reporting Act to ban employers from requesting or using an applicant’s or employee’s consumer credit history in hiring, employment terms, compensation, or other employment decisions beginning April 18, 2026. “Consumer credit history” is broadly defined to include creditworthiness, credit standing, credit capacity, payment history, and related financial information from reports or directly obtained from individuals. The law makes it an unlawful discriminatory practice for employers to use credit history in employment decisions, though limited exemptions apply for certain roles like law enforcement, security clearance holders, and positions involving significant fiduciary responsibilities. Employers should update hiring practices, background check forms, and policies to ensure compliance before the law takes effect and must also continue to comply with applicable local laws like New York City’s Stop Credit Discrimination in Employment Act.

ESG & Sustainability

A Systematic Review on How Environmental Sustainability and Social Responsibility Food Labels Influence Consumers’ Food Choices and Purchasing Decisions

A systematic review of 41 studies examined how environmental sustainability and social responsibility food labels influence consumer choices and purchasing intentions. Findings suggest that labels highlighting organic production or animal welfare generally generate positive responses, though consumers often seek more clarity to fully understand claims. Evidence of actual impacts on real-world purchasing behavior is mixed, and research on social responsibility labels remains limited. The study underscores the need for integrated labeling strategies that effectively guide consumers toward healthier, more sustainable, and socially responsible food options. Click here to read more.

Food & Beverage

Small-Scale Farms Underpin Global Food Consumption

New global research shows that small-scale farms — often under 20 hectares — supply a far greater share of the world’s consumed food than previously understood, including roughly one-third of food consumed in countries like the United Kingdom and the United States through international trade. The findings underscore how product availability, ingredient sourcing, and pricing are deeply tied to smallholder production systems across sub-Saharan Africa, Asia, and other exporting regions. Because small-scale farms are major suppliers of fruits, vegetables, pulses, and root crops, disruptions linked to land access, climate change, or trade policy can directly affect supply chains, costs, and menu or product development strategies. The findings highlight the need for resilient sourcing strategies, diversified supplier networks, and long-term investment in sustainable supply partnerships. Click here to read more.

Georgia Legislature Proposes New Food-Related Bills, Including Shrimp Labeling Transparency

Midway through the 2026 Georgia legislative session, several food- and drink-related bills are advancing, including a shrimp transparency measure requiring restaurants to disclose imported shrimp, a bill allowing museums to sell alcohol on Sundays, and a proposal to designate lemon pepper as the state’s official chicken wing flavor. These measures aim to increase transparency, align operational rules across sectors, and celebrate regional culinary culture. If signed, the bills could take effect immediately or in early 2027, influencing sourcing practices, service policies, and recognition of local food traditions. Click here to read more.

Food Labeling

FDA Food Traceability Rule Update for Packaging Suppliers

New federal guidance under FSMA 204 is updating food traceability requirements, giving businesses until July 2028 to comply. The rules require certain foods to carry batch or lot codes linking to detailed records, ensuring products can be tracked quickly through the supply chain. Packaging companies play a critical role, as labels and coding systems must support accurate batch identification to meet compliance and avoid regulatory issues. Click here to read more.

International Trade

Supreme Court Overturns Trump’s IEEPA Tariffs

Mark Ludwikowski, Kevin Williams, Kelsey Christianson, and Aristeo Lopez authored an article, “Supreme Court Overturns Trump’s IEEPA Tariffs.”

The Supreme Court’s decision in Learning Resources, Inc. v. Trump invalidates all tariffs imposed under the International Emergency Economic Powers Act, potentially unlocking billions in duty relief across imported consumer goods, food products, beverages, equipment, and supplies. Businesses that rely on global sourcing may see meaningful cost-recovery opportunities through refunds or corrected entries, which directly affect margins, pricing strategies, and inventory planning. At the same time, the ruling does not eliminate trade risk, as alternative tariff tools such as Section 301 of the Trade Act of 1974 and Section 232 of the Trade Expansion Act of 1962 remain available to the administration. Companies in these sectors should promptly assess their tariff exposure and stay agile as the legal and regulatory landscape continues to evolve.

Labor & Employment

Colorado Federal Court Rules Workers Don’t Qualify for Tip Pools When Restaurant Is Closed

Mike Laszlo and Marcus Graham authored an article, “Colorado Federal Court Rules Workers Don’t Qualify for Tip Pools When Restaurant Is Closed.”

In Green v. Perry’s Restaurants Ltd., a federal court held that distributing tip pool funds to employees who worked while the restaurant was closed violated the Fair Labor Standards Act and applicable state wage laws. The ruling clarifies that only employees who “customarily and regularly” receive tips through meaningful customer interaction may share in mandatory tip pools when an employer takes a tip credit. Restaurants nationwide must carefully evaluate prep shifts, opening duties, and off-hour roles to ensure tip pooling practices comply with federal and state requirements. Failure to do so can expose operators to costly wage-and-hour litigation, back pay liability, and compliance scrutiny.

Large Companies Push Coworking Expansion

The 15% year-over-year growth in coworking spaces in late 2025 highlights a continued shift in how and where employees work, as large employers expand their use of flexible office arrangements. The expansion of coworking hubs — particularly in major markets such as Los Angeles, Chicago, Dallas-Fort Worth, Washington, D.C., and Manhattan — reflects rising demand for satellite offices and hybrid workspace solutions. As organizations adopt flex strategies and normalize in-office attendance policies, employee traffic is becoming more distributed across neighborhoods rather than concentrated solely in traditional central business districts. Businesses located near coworking clusters may experience steadier weekday activity driven by meetings, collaboration, and smaller satellite teams. Click here to read more.

Industry Trends

With Demise of the Penny, States Prepare for Change

The phaseout of the U.S. penny is creating challenges for cash transactions, leaving retailers and consumers uncertain about how to handle rounding. States and experts are looking to models from Canada and the EU to implement fair and consistent rules, including rounding to the nearest nickel and posting clear guidance for consumers. Early legislative and agency actions in states like New York, Utah, and Texas aim to provide clarity, reduce legal risk, and ensure equitable treatment during cash purchases as the penny disappears. Click here to read more.

This publication is intended for general informational purposes only and does not constitute legal advice or a solicitation to provide legal services. The information in this publication is not intended to create, and receipt of it does not constitute, a lawyer-client relationship. Readers should not act upon this information without seeking professional legal counsel. The views and opinions expressed herein represent those of the individual author only and are not necessarily the views of Clark Hill PLC. Although we attempt to ensure that postings on our website are complete, accurate, and up to date, we assume no responsibility for their completeness, accuracy, or timeliness.