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State & Federal Alcohol Compliance Update: TTB Enforcement and Related Matters

The U.S. Department of the Treasury, Tax and Trade Bureau (TTB) is the federal agency with oversight of alcohol beverage sales, marketing, and distribution. Every U.S. state has a companion state-level agency to TTB. In recent months, TTB has, thanks to a generous allocation in the federal budget, embarked on a rigorous trade practice investigation ...
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Best Practices in Trade Practices

Introduction After the Prohibition was repealed by the 21st Amendment, a complex web of alcohol beverage laws created a “three-tier system” in which independence must exist between alcohol beverage manufacturers, distributors, and retailers. The ways in which these three tiers can interact is strictly controlled by federal and state laws. Armed with an increased budget ...
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Liquor Licensing For Hotel & Restaurant Acquisitions

You are the General Counsel or the outside counsel to a hotel or restaurant brand. Your client informs you that the company intends to purchase multiple units of additional properties in several different states. Your head spins, full of questions. Will it be an asset sale or stock purchase? Will we retain the employees? Will ...
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Alcohol Advertising in the Digital Age

Introduction Suppliers and retailers of alcoholic beverages advertise their respective products and offerings in a wide variety of digital outlets. Questions arise as to how the complex legal landscape of alcohol regulation applies in these digital spaces. Advertising media include social network services (e.g., Facebook), video sharing sites (e.g., YouTube), blogs, and smartphone applications. In ...
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FDA Will Begin Enforcing Menu Labeling Requirements in Less Than Two Months: Covered Establishments Must be Prepared

After many delays, the U.S. Food and Drug Administration is slated to begin enforcing its menu labeling rule on May 5, 2017. The Food Labeling; Nutrition Labeling of Standard Menu Items in Restaurants and Similar Retail Food Establishments rule, codified at 21 CFR 101.11, applies to retail food establishments with twenty (20) or more locations. ...
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Can an Anonymous Tip Result in a Legal DUI Traffic Stop?

The Gist One of the primary concerns of law enforcement generally, and state alcohol regulators in particular, is the war on drunk driving. Many law-related initiatives have been adopted over the years to fight the scourge of drunk driving. Over 20 years ago, the state-by-state campaign to lower the official Blood Alcohol Content (BAC) threshold used to determine ...
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Promoting Alcohol Through Social Media

Social Media is the new land of opportunity for all in manufacturing and retail.  Facebook and Twitter alone allow restaurants, hotels, and bars unprecedented conversation with their customers.  The access to these consumers is in real time and moves beyond the capabilities of any standard brand website.  Understandably, motivation to interact with consumers by offering ...
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