Alcohol

Providing market-leading advice in alcohol and beverages

Combining an established presence in local and regional markets with deep sector insights and a cross-disciplinary approach, we are uniquely positioned to advise alcohol and beverage companies on their US and global operations. We have extensive experience partnering with leading industry players and alcohol beverage control regulatory agencies.

Offering industry-leading experience in alcohol markets worldwide, we understand the complex interplay of government regulation, state specific laws, science, marketing, economics, policy, and public relations. We know how these issues impact the business and legal decisions you face.

An acknowledged thought leader, we’re helping to shape policy development on issues integral to this sector. This includes ‘healthy’ alcohol and lawsuits around false advertising, non-alcohol alternatives, alcoholic beverages with supplements such as adaptogens, natural wines, and alcohol delivery.

Our advice is both commercial and strategic. It reflects the nuances of the law, local markets and differences in state, regional, national and international regulations. Our insights into recurring and emerging industry-wide issues means we can draw on best practice to provide you with relevant and timely advice for any transaction, project or regulatory requirement.

“The nature of the alcohol industry and its related regulations do require state-specific knowledge. We have experience across all 50 states.”

The nature of the alcohol industry and its related regulations do require state-specific knowledge. We have experience across all 50 states and can navigate matters around specific permits and registrations, manufacturing and co-manufacturing, tied house laws, supply chain impacts of the 3-tier system, local advertising, and promotional events.

Our experience includes regulatory compliance and risk management involving packaging, labeling, marketing and advertising, together with product recall, environmental issues, and licensing and permitting. We also have experience in competition and anti-trust, corporate compliance, anti-corruption, anti-money laundering and internal investigations, and in regulatory enforcement and investigation.

We’ve worked on numerous acquisitions, investments, alliances and transactions. This includes drafting and negotiating distribution contracts, divestments of non-core operations that can involve complex carve-outs, commercial contracting, transactional due diligence, and regulatory filings.

We also advise on multinational brand management (protection, enforcement and monetization), social media including influencers and regulatory implications, tax and trade issues, and in litigation and dispute resolution including distribution termination actions, product liability and class action litigation.

Awards and recognition

Ranked by Legal 500 for Cannabis Law and by Chambers USA
Ranked by Chambers USA for Nationwide Food and Beverages: Regulatory and Litigation (2020-2022)
Stefanie Fogel is ranked by Chambers USA for Food and Beverages: Regulatory and Litigation (2020-2022)

Experience

Represented a craft brewery, Frederick Brewing, in overcoming BATF objections to the labeling of its beer, ‘Hempen Ale’, due to concerns that it was flavored with hemp seeds. The matter involved convincing BATF that the FDA would consider hemp seeds to be “Generally Recognized as Safe (GRAS) for use as a food additive”.
Represented Ste. Michelle Wine Estates Ltd. in trademark prosecution, enforcement, and litigation matters, both domestically and internationally.
Represented the trade association Wine America, as amicus curiae in the US Supreme Court in Granholm v. Heald, on the issue of whether discriminatory state laws against the interstate direct shipment of wine to consumers violated the dormant commerce clause of the Constitution.
Represented an importer of spirits with the amendment and renewal of distribution agreements with its wholesalers.
Represented an international wine manufacturer in relation to a US recall of foreign manufactured wine bottles containing glass particles, and provided support in the global coordination of international recall efforts in UK, Canada, and Japan.
Provided regulatory advice and coordination with the US Tax and Trade Bureau regarding alcohol importer’s permit application for foreign entity importing products through a US subsidiary.
Provided regulatory advice, classification assessments and a label review for malt beverage and beer products under US Tax and Trade Bureau regulations.
Provided regulatory advice and coordination with the US Tax and Trade Bureau regarding a manufacturer’s amended permit application due to change in control, involving international Italian parent company and complex corporate structure.
Represented and advised a brewery through an investigation by a state alcohol control board regarding the brewery’s promotion and alcohol sales.
Represented a national trade organization for craft brewers and its Board of Directors to address its membership and related criteria as it relates to alcohol beverage products which are legally considered “beer” but not understood as beer within the industry.
Represented manufacturer of alcohol “base paste” to be combined with water for purposes of classification, labeling, and global distribution.
Represented various beverage manufacturers in the development of products containing hemp based CBD.
Regulatory advising of novel e-commerce platforms regarding coordination of direct to consumer alcohol sales throughout various US states and implications of tied house implications.
Regulatory advising, label and labels claims assessments, COLA submissions and advertising reviews for numerous beer, wine, malt beverage, and non-alcoholic malt beverage products.
Representation of national media agency regarding global social media and advertising content for multinational alcohol brand.
Represented International Liquor and Tobacco with distribution agreement drafting and negotiation for distribution of Diageo plc’s products throughout the Caribbean.
Represented group of New Jersey wholesalers in termination action against Anheuser-Busch and InBev.
Represented New Jersey wholesaler through successful mediation of terminated brands by Anheuser Busch InBev.
Conducted analysis on behalf of the Wine & Spirit Wholesalers Association regarding impact of cannabis distribution on federal and state wholesale licenses.
Represented numerous companies in obtaining wholesaler and importer licenses under both state and federal law to import beer, wine and spirits in the US.
Guided Bella Vista Beer Distributors through the sale of its distributorship to another distributor. Drafted, negotiated and handled all aspects of the deal including initial due diligence, supplier consents, purchase agreement terms, disclosures, tax implications and related advice and closing.
Represented Wynwood Brewery in negotiating a strategic distributor alliance with Craft Brew Alliance (CBA) to act as master distributor for Wynwood beer products, including expansion of national marketing and expanded product placement. Advised Wynwood on TTB-related matters, including change of control and change of proprietorship implications during a corporate restructuring and state-specific regulatory considerations. As part of the strategic distributor alliance, represented Wynwood in the corporate restructuring resulting from a minority investment by CBA in Wynwood.
Represented manufacturer and distributor of sake into the US involving brick and mortar store development, distribution agreements, promotions, and ecommerce sales.
Represented major ecommerce wine and spirits platform in analysis of cross border compliance with laws impacting distribution network.
Represented companies incorporating fermented product to the extent they may fall within TTB regulations and to the extent TTB issues could be navigated.
Represented Anheuser-Busch InBev, Heineken, Molson Coors, Bacardi and others with distribution agreements, trademark prosecution, employment issues as well as providing advice on branding, marketing & advertising and internet & blog issues both domestically and internationally.
Represented Bent Water Brewing Company, a fast-growing craft brewery based in Massachusetts, on strategic matters related to corporate structuring, financing, employment, and regulatory issues as an outside counsel.
Represented Diageo plc in connection with the development and financing of a new distillery in St. Croix, US Virgin Islands for the production of Captain Morgan Rum. Work on the transaction included the drafting and negotiation of a concession and development agreement between Diageo and the Government of the US Virgin Islands, negotiation of various construction contracts and the negotiation of documentation related to the issuance of USD250 million Virgin Islands Public Finance Authority Subordinated Revenue Bonds.
Represented Diageo plc on international tax and trade issues with respect to importation and valuation of distilled spirits and legislative proposals affecting the alcohol industry and product labeling.