Private labels are not a new concept – many consumers have purchased private label products for years, but their use is becoming more prevalent and ubiquitous in the market as demand for private labels continues to rise. ...more
The increasing popularity of online shopping has made e-commerce businesses – specifically those in the alcohol beverage industry – a frequent target for costly litigation. In lockstep with the continued prevalence of website...more
3/18/2025
/ Americans with Disabilities Act (ADA) ,
Business Litigation ,
Disability ,
E-Commerce ,
Federal Trade Commission (FTC) ,
Suppliers ,
Technology ,
Title III ,
Web Content Accessibility Guidelines (WCAG) ,
Website Accessibility ,
Wine & Alcohol
The Trump administration’s approach to cannabis reform will significantly impact the industry. As the proposed rulemaking to reschedule cannabis unfolds and nominees to critical agencies are confirmed, it is crucial for...more
For US alcohol exporters – whether crafting bourbon, brewing craft beer, or bottling fine wines – selling to international markets is a significant opportunity for growth. Two US federal income tax regimes, the...more
3/5/2025
/ Corporate Taxes ,
Export Controls ,
Exporters ,
Exports ,
Foreign Derived Intangible Income (FDII) ,
Internal Revenue Code (IRC) ,
International Trade ,
Tax Credits ,
Tax Cuts and Jobs Act ,
Tax Planning ,
Wine & Alcohol
Extended producer responsibility (EPR) laws are relatively new – the first were signed into law in 2021 and 2022 – and are aimed at encouraging producers to package goods in a more environmentally conscientious manner and...more
As one of the most heavily regulated sectors in the United States, almost no aspect of the alcohol industry is untouched by regulatory considerations, including mergers and acquisitions (M&A). Whether it is a venture...more
2/7/2025
/ Acquisitions ,
Buyers ,
Buying a Business ,
Due Diligence ,
Investment ,
Investors ,
Licenses ,
Merger Agreements ,
Mergers ,
Regulatory Reform ,
Regulatory Requirements ,
Risk Management ,
Sellers ,
Selling a Business ,
State and Local Government ,
Wine & Alcohol
The alcohol beverage industry experienced a transformative year, marked by notable shifts in consumer behavior, innovative product launches, and regulatory changes. During this webinar, McDermott’s Alcohol Group provided a...more
1/9/2025
/ Acquisitions ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Farm Bill ,
Hemp ,
Mergers ,
Regulatory Agenda ,
Tariffs ,
THC ,
Trade Wars ,
Wine & Alcohol
We have updated and republished this March 2024 blog post for a year-end summary.
The Alcohol and Tobacco Tax and Trade Bureau’s (TTB) Office of Field Operations is responsible for ensuring industry members comply with...more
Members in the ever-evolving alcohol industry are leveraging data and artificial intelligence (AI) to drive innovation, enhance customer experiences, and optimize operations, all in an effort to increase efficiency and...more
Hemp and low-dose delta-9 tetrahydrocannabinol (THC) beverages continue to flood the marketplace. Depending on the state, these products can be purchased in liquor stores, gas stations, grocery stores, bars, restaurants,...more
We frequently receive questions about the differences between contract brewing and alternating proprietorships, as well as questions concerning the key details the Alcohol and Tobacco Tax and Trade Bureau (TTB) and other...more
The final quarter of the year is the alcohol industry’s busiest period, accounting for approximately 70% of annual business. Many holiday-themed seasonal products are beginning to make their way to market, and it is important...more
9/9/2024
/ Advertising ,
Beer ,
Beverage Manufacturers ,
Distilleries ,
Labeling ,
Marketing ,
Product Labels ,
Product Packaging ,
Regulatory Agenda ,
Regulatory Requirements ,
State and Local Government ,
TTB ,
Wine & Alcohol
On August 9, 2024, the new Public Law 2023, ch. 633 (L.D. 2069) from Maine’s Bureau of Alcoholic Beverages and Lottery Operations (BABLO) formally went into effect, bringing an end to the previous burdensome “entire...more
On July 17, 2024, Pennsylvania Governor Josh Shapiro signed SB 688 into law, expanding the number of available outlets that can sell ready-to-drink cocktails (RTDs) across the state.
The new law defines “Ready-to-drink...more
As more companies – including businesses with and without experience producing alcoholic beverages – move to leverage their brands and brand equity across the beverage spectrum, regulators, trade associations and the...more
As reported throughout the trade press, alcohol beverage companies are facing escalating pressure from unions and the National Labor Relations Board (or NLRB, the federal agency that enforces labor laws against both unionized...more
5/30/2024
/ Employees ,
Employer Liability Issues ,
Labor Certifications ,
Labor Regulations ,
Labor Relations ,
NLRA ,
NLRB ,
Regulatory Reform ,
Regulatory Requirements ,
Unions ,
Voting Powers
On May 21, 2024, the US Department of Justice (DOJ) published the highly anticipated notice of proposed rulemaking (NPRM) to reschedule marijuana (cannabis) from a Schedule I controlled substance to Schedule III, taking the...more
The recent ransomware attack against the Duvel Moortgat Brewery demonstrated the very real risk that cybersecurity incidents pose to the alcohol industry, reportedly halting operations for several days at four of Duvel...more
Many alcohol beverage industry clients are faced with lawsuits attacking product labels. These lawsuits can be frustrating for clients, particularly when the labels at issue were previously approved by the Alcohol and Tobacco...more
The Alcohol and Tobacco Tax and Trade Bureau’s (TTB) Office of Field Operations is responsible for ensuring industry members comply with the Federal Alcohol Administration Act, the Internal Revenue Code and all related...more
3/20/2024
/ Auditors ,
Audits ,
Enforcement Actions ,
Excise Tax ,
Filing Deadlines ,
Filing Requirements ,
Internal Revenue Code (IRC) ,
Investigations ,
Permits ,
Recordkeeping Requirements ,
Tax Rates ,
TTB ,
Wine & Alcohol
Nonalcoholic beverages infused with delta-9 tetrahydrocannabinol (THC) derived from hemp (aka intoxicating hemp beverages) are becoming increasingly popular for consumers looking for an alternative to alcohol....more
As we enter 2024, more and more brands are joining the nonalcoholic beverage space. An increasing variety of nonalcoholic, single-serve, ready-to-drink beverages are marketing the innovative use of indigenous botanicals,...more
In light of the Federal Trade Commission’s (FTC) 2023 revisions to its Endorsement Guides, it is essential to ensure that your business is compliant. While the alcohol industry is known for product innovation, the industry is...more
1/22/2024
/ Advertising ,
Consent ,
Disclosure Requirements ,
Endorsements ,
Federal Trade Commission (FTC) ,
FTC Endorsement Guidelines ,
Influencers ,
Marketing ,
Online Endorsements ,
Regulatory Requirements ,
Social Media ,
Wine & Alcohol
Total Wine & More (Total Wine) and the Federal Trade Commission (FTC) are currently clashing in federal court over a civil investigative demand (CID) that the FTC issued to Total Wine, a third party in the FTC’s investigation...more
While there has always been theft in the alcohol industry, there has been a significant uptick in large-scale larceny in recent months. Because of this reality, alcohol industry members should take steps to prepare for...more