Its official. The FDA has declared caffeinated alcohol unsafe. According to a statement on their website, the FDA today warned Charge Beverages Corp (producers of Core High Gravity HG, Core High Gravity HG Orange, and Lemon Lime Core Spiked), New Century Brewing (Moonshot), Phusion Projects (Four Loko) and United Brands Co (Joose and Max) that ‽the caffeine added to their malt alcoholic beverages is an �~unsafe food additive� and said that further action, including seizure of their products, is possible under federal law.” No mention of caffeinated spirits was made.

Traders buying protection on Fortune Brands pushed the swaps to the highest level since April 2009 today amid speculation that Bill Ackman†s Pershing Square may break up the company, reports Bloomberg. Investors are buying protection ‽in part against uncertainty about how much debt will be added through any transition.”

As we reported this morning, Remy Cointreau has said it is putting up its Champagne unit for sale. Requests for comment were not returned by press time. At this point we do not know if they are in talks with anybody, or if a deadline to sell the unit has been set.

Remy Cointreau says it is putting up its Champagne business for sale and has hired Credit Agricole-CIB as advisers, according to a statement issued this morning.

That’s what the Wall Street Journal is reporting. Sources tell the publication that Fortune Brands is now more likely to cooperate with William Ackman “on a plan to split up the company’s three business units.” Recall that his Pershing Square purchased an 11% stake in the company in October.

So far so good in the early part of the holiday season. In the four weeks to October 31, wine dollar sales gained 4.7% and volumes grew 4.1%, according to IRI scans in food and drug stores. Compare that to the four weeks to November 1, 2009, where dollar sales grew 3.7% and volumes gained only 2%. Clearly we are doing better as a whole now than we were a year ago.

Gruppo Campari’s US subsidiary, Skyy Spirits, posted organic growth of 6% in the nine months ended September 30 “thanks to a positive trend in sales of Skyy Vodka, and more generally, in sales of almost all the brands distributed by the Group.” But Campari also noted they were going against easy comparisons due to distributor destocking in the first half of 2009.

We recently spoke with one of the men behind Wine.Woot.com, David Studdert, co-founder of Wine Country Connect. Along with his brother, George, David started Wine Country Connect in 2005 after striking a relationship with Woot.com. As you might know, Woot.com is the popular website that sells one item per day until it’s sold out or until 11:59 p.m. central time. It has several offshoot websites, including Wine.Woot, which was the first.

Steve Gross, the director of state relations for the Wine Institute, spoke at a webinar hosted by ShipCompliant yesterday, and gave listeners an update on the current regulatory landscape. ShipCompliant vp Jeff Carroll also outlined the current state of affairs for HR 5034 and privatization. Here are some of the highlights:

The new Rabobank Wine Quarterly (written by Stephen Rannekleiv, executive director of Rabobank’s Food & Agribusiness Research and Advisory) noted that the “rebound” in the US super premium market continues, although “the on-premise remains soft and price-discounting continues to be problematic.”

Foster’s Group has appointed Anthony (Tony) Reeves to the role of cfo on a fixed term contract, effective from Monday November 8. He is replacing Angus McKay who is leaving the company to work as cfo at Asciano.

More on the situation in Washington, along with commentary from readers.

With just over half the votes counted, so far Washington State voters have rejected both the Costco-supported I-1100 by a slim margin, and the spirits distributor-supported I-1105 by a large margin. Initiative 1100 was losing by 52 percent, while Initiative 1105 was rejected by 63 percent of voters, says the Seattle P-I. Washington state initiatives require a simple majority of votes cast. We may not know the final vote for a week…

“We believe premiumization is finally starting to return to the [spirits] market,” wrote Bernstein Research’s Trevor Stirling in a note to clients, “and if current momentum continues, we would expect to see marked improvements in mix in Q4 and into 2011.”

Spirits volumes in the 4-weeks to October 16 grew 4.6%, which is improved from the 52-week trend of 4%, according to Credit Suisse’s Anthony Bucalo based on Nielsen data. Price/mix improved to -0.4% in the 4-weeks, while the 52-week trend was -0.8%. Compared to the other industry leaders, Diageo was the only company to post positive price/mix.