Arthur J. DeCelle
Subscribe to Arthur J. DeCelle's PostsArthur (Art) J. DeCelle focuses his practice on advising alcohol beverage companies in commercial transactions, advertising and marketing, regulatory and excise tax compliance, and effective participation in legal and public policy debates at all levels of government. Read Art DeCelle's full bio.
Brewers Association Marketing and Advertising Code
By Arthur J. DeCelle on Oct 8, 2014
Posted In Advertising and Marketing
Successful advertising and marketing are essential to the continued growth and success of the craft brewing movement. Brewers’ freedom to advertise in the United States is a privilege that brewers in other nations, and some industries in our own country, do not share. This article by Art DeCelle, originally published in The New Brewer, discusses...
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Recent Alcohol Liability Decision Focuses on Insurance Policy Terms
By Arthur J. DeCelle on Jan 6, 2014
Posted In Distribution, Food Safety and FDA, Import/Export
A December 16, 2013 federal appeals court decision on alcohol liability coverage provides an important reminder to industry members to carefully review the terms of their insurance policies. In 2011, a group of insurance companies filed suit against Phusion Products (Phusion), the manufacturer of Four Loko, a popular flavored malt beverage that contained caffeine and...
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Alcohol Advertising in Digital Media, Part 4: Industry Self-Regulation
By Arthur J. DeCelle on Sep 12, 2013
Posted In Advertising and Marketing, Distribution, Trade Practices
Alcohol beverage suppliers were among the first U.S. business sectors to embrace self-regulation of advertising and marketing in the 1930s and 1940s. Voluntary codes have evolved from simple commitments to truthful advertising to comprehensive guidance documents containing mechanisms for independent review of consumer complaints. Compliance with voluntary industry codes does not absolve an advertiser from...
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Alcohol Advertising in Digital Media, Part 3: State Regulation
By Arthur J. DeCelle on Aug 28, 2013
Posted In Advertising and Marketing, Distribution, Trade Practices
In Part 2 of this series, we highlighted recent developments in federal regulation and oversight of alcohol beverage advertising with implications for digital media. State alcohol and consumer protection laws also apply and can make regional or national ad campaigns challenging. An overarching concern to state officials is the potential appeal of alcohol beverage advertising...
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Alcohol Advertising in Digital Media, Part 2: Federal Regulation
By Arthur J. DeCelle on Aug 22, 2013
Posted In Advertising and Marketing, Distribution, Trade Practices, TTB COLAs and Formulas
This past year brought examples of federal regulation and oversight of social media. Both illustrate the general policy concerns of federal agencies that regulate alcohol beverage advertising. TTB Industry Circular 2013-1, reviews the application of TTB regulations to beer, wine and spirits advertising in social media and other forms of digital advertising. TTB’s primary concerns...
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Alcohol Advertising in Digital Media, Part 1: Overview
By Arthur J. DeCelle on Aug 15, 2013
Posted In Advertising and Marketing, Distribution, Trade Practices
Tremendous opportunities exist for advertising brands, events and other promotional activities in digital media, which includes traditional web sites, social networks and integrated advertising platforms. Properly executed marketing efforts provide great flexibility to reach and interact with adults of legal drinking age on a range of devices. “Properly executed” is the key, particularly in digital...
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FDA Issues New Rules on Gluten Labeling
By Arthur J. DeCelle, Christopher M. Lahiff and McDermott Will & Emery on Aug 2, 2013
Posted In Advertising and Marketing, Food Safety and FDA, Non-Beverage Alcohol
The U.S. Food and Drug Administration (FDA) has issued a final rule that defines what characteristics a food has to have to bear a label that proclaims it “gluten- free,” “without gluten,” “free of gluten” and “no gluten.” The rule applies to all FDA-regulated alcohol beverages, which include wines (and ciders) below 7 percent alcohol...
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Texas Regulators Provide Direct Shipping Options
By Arthur J. DeCelle on Jul 23, 2013
Posted In Distribution
On June 11, the Texas Alcoholic Beverage Commission (TABC) issued a Marketing Practices Advisory (MPA 055) clarifying the volume that a winery can legally ship directly to Texas consumers in a single year. The limit is 35,000 gallons and the calculation must include the total volume shipped over a calendar year. The recent TABC Advisory...
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