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
Given the continued strength of the US alcoholic beverage market, the alcohol industry presents numerous opportunities for acquisitions, investments and other strategic transactions from a wide variety of players. These range...more
We always recommend you regularly review your state liquor licenses to ensure you hold the correct licenses for your business needs. However, given recent feedback from California regulators, you may want to expedite such a...more
If a large beverage company is considering purchasing or selling a craft beverage producer, it’s essential to understand how the craft producer may lose its earlier eligibility for reduced tax rates under the Craft Beverage...more
The ever-evolving alcohol industry seems to be at the forefront of yet another major innovation, this time embracing sustainability with a focus on environmental, social and governance (ESG) initiatives. We see this through...more
The legal privacy landscape is quickly shifting as new consumer privacy laws spring up each year. Alcohol companies looking to maximize their customer data must understand how to comply with applicable privacy rules and...more
6/2/2023
/ Breweries ,
Consumer Privacy Rights ,
Continuing Legal Education ,
Customer Information ,
Cybersecurity ,
Data Collection ,
Data Privacy ,
Data Use Policies ,
Distilleries ,
Marketing ,
Privacy Laws ,
Risk Mitigation ,
Supply Chain ,
Webinars ,
Wineries
Finding the right distributor is critical to the success of an alcohol brand—as is ensuring the agreement appointing that distributor provides ample protection for the supplier or brand owner. At a high level, suppliers...more
In recent years, environmental and sustainability concerns have become increasingly important across the economy. Such concerns create both risks and opportunities for the alcoholic beverages industry. Join our experienced...more
4/7/2023
/ Beer ,
Breweries ,
Business Opportunities ,
Carbon Emissions ,
Clean Energy ,
Continuing Legal Education ,
Distilleries ,
Energy Projects ,
Environmental Social & Governance (ESG) ,
Federal Taxes ,
Inflation Reduction Act (IRA) ,
Power Purchase Agreements ,
Risk Management ,
Sustainability ,
Tax Credits ,
Tax Liability ,
Webinars ,
Wine & Alcohol ,
Wineries
As the United States’ primary public health and consumer protection agency, the US Food and Drug Administration (FDA) regulates at least one quarter of the nation’s economy and exerts significant influence over global...more
2/6/2023
/ Biologics ,
Clinical Laboratory Testing ,
Clinical Trials ,
Coronavirus/COVID-19 ,
Federal Food Drug and Cosmetic Act (FFDCA) ,
Food and Drug Administration (FDA) ,
Food Manufacturers ,
Food Safety ,
Food Supply ,
Legislative Agendas ,
Manufacturers ,
Medical Devices ,
New Legislation ,
Pharmaceutical Industry ,
Prescription Drugs ,
Public Health ,
Regulatory Agenda ,
Regulatory Oversight ,
Regulatory Requirements ,
Safety Inspections ,
Supply Chain
In 2022, the alcohol industry saw significant developments in the regulatory space. As we look to 2023, industry leaders continue to adapt to the changing needs of consumers, driving more innovation than we’ve seen in years...more
1/20/2023
/ Beer ,
Beverage Manufacturers ,
Breweries ,
Continuing Legal Education ,
Direct to Consumer Sales ,
Distilleries ,
E-Commerce ,
Enforcement Priorities ,
Liquor Licences ,
Price Inflation ,
Product Packaging ,
Sustainability ,
TTB ,
Webinars ,
Wine & Alcohol ,
Wineries
In the Alcohol and Tobacco Tax and Trade Bureau’s (TTB) final Industry Circular of the year, they provided DSPs guidance on how to calculate effective tax rates for distilled spirits products eligible for the Craft Beverage...more
1/5/2023
/ Advertising ,
Beverage Manufacturers ,
Certainty of Tax Law Act ,
Distilleries ,
FAA Modernization and Reform Act ,
Importers ,
Imports ,
Social Media ,
Tax Benefits ,
Tax Rates ,
TTB ,
Wine & Alcohol
Due to the uptick in alcohol advertisement on social media platforms, the Alcohol and Tobacco Tax and Trade Bureau (TTB) issued guidance on advertising via social media and how TTB’s rules on advertising generally apply in...more