Alva C. Mather
Subscribe to Alva C. Mather's PostsAlva C. Mather focuses her practice on alcohol beverage and cannabis regulatory and commercial matters. She represents companies in the alcohol beverage industry, including brewers, distillers, wineries, importers and retailers. Additionally, she works with clients in the growing cannabis space and has in-depth knowledge of the evolving legal and regulatory issues facing this industry. Read Alva Mather's full bio.
2022 TTB Industry Circular 1: Consignment Sales
By Alva C. Mather, Nichole Shustack and Isabelle Cunningham on Jan 5, 2023
Posted In Advertising and Marketing, Alcohol Excise Taxes, General Interest, Import/Export, Legislation, Trade Practices, Transactions
Each year the Alcohol and Tobacco Tax and Trade Bureau (TTB) issues “Industry Circulars” that apply statutory or regulatory requirements to a “specific circumstance or set of facts” or restate existing requirements. TTB also uses Industry Circulars to announce new statutory requirements or to discuss certain corrective actions. The last few years have been relatively...
Continue Reading
2022 TTB Industry Circular 2: Social Media Advertising
By Alva C. Mather, Nichole Shustack and Isabelle Cunningham on Jan 5, 2023
Posted In Advertising and Marketing, Alcohol Excise Taxes, General Interest, Import/Export, Legislation, Trade Practices, Transactions
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 this new and important context, as summarized below. TTB views an entire page or site as a single advertisement,...
Continue Reading
TTB Industry Circular 3: Calculating Tax Rates and Tax Credits on Imported Distilled Spirits
By Alva C. Mather, Nichole Shustack and Isabelle Cunningham on Jan 5, 2023
Posted In Advertising and Marketing, Alcohol Excise Taxes, General Interest, Import/Export, Legislation, Trade Practices, Transactions
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 Modernization Act (CBMA) reduced tax rates, as well as providing importers with guidance on calculating and using effective tax...
Continue Reading
Alcohol Suppliers Hit with ADA Website Accessibility Lawsuits
By Jeremy White and Alva C. Mather on Jun 7, 2022
Posted In Advertising and Marketing, General Interest
The increasing popularity of online shopping is placing e-commerce businesses—specifically those in the alcohol beverage industry—in legal crosshairs. In lockstep with a recent uptick in website accessibility cases, plaintiff firms are sending pre-suit demand letters to alcohol suppliers and, in some cases, even filing a state or federal court lawsuit. These lawsuits—which are typically filed...
Continue Reading
The Expanding Landscape of Alcohol Delivery Services
By Alva C. Mather on May 4, 2022
Posted In Advertising and Marketing, Distribution, Licensing, Trade Practices
Following consumer trends and fueled by the pandemic and related loosening of restrictions on in-state retailer alcohol delivery regulations, the marketplace for alcohol delivery services has expanded exponentially over the last several years and shows no signs of slowing down. Industry forecasts predict double-digit growth year-over-year until at least 2025 for alcohol-focused e-commerce platforms. However,...
Continue Reading
Treasury Responds to Biden Administration Executive Order with Report, Recommendations to Increase Alcohol Industry Competition
By Alva C. Mather and Greg Heltzer on Feb 15, 2022
Posted In Uncategorized
On February 9, 2022, the US Treasury Department (Treasury) released a report with recommendations for how the Tobacco Tax and Trade Bureau (TTB), Federal Trade Commission (FTC) and Department of Justice (DOJ) can help drive competition in the beer, wine and spirits markets by stepping up conduct enforcement, adopting creative and nuanced theories of harm...
Continue Reading
Second Prop 65 Amendment Effective April 1, 2021: New Warnings Required
By Alva C. Mather, Nichole Shustack and Isabelle Cunningham on Mar 26, 2021
Posted In Distribution, General Interest, Legislation, Transactions
The Safe Drinking Water and Toxic Enforcement Act of 1986, also known as Proposition 65 (Prop 65), was enacted as a ballot initiative and requires businesses to inform Californians about exposures to chemicals that are known to cause cancer, birth defects or other reproductive harm. The regulation prohibits knowing or intentional exposure of any individual...
Continue Reading
Podcast: 2021 Legal Landscape for Brewers
By Alva C. Mather and Nichole Shustack on Feb 26, 2021
Posted In Alcohol Excise Taxes, Distribution, Transactions
Between pandemic-driven changes to shipping and home delivery privileges, the rise of e-commerce and the nebulous definition of hard seltzer for tax and regulatory purposes, there is a lot that brewers need to know to remain on the right side of the law in 2021. Alva Mather, head of the Firm’s Alcohol Regulatory & Distribution...
Continue Reading
Oregon Issues New Guidance on Hard Seltzer Classification
By Nichole Shustack, Alva C. Mather and Isabelle Cunningham on Jan 11, 2021
Posted In Alcohol Excise Taxes, Distribution, General Interest, Import/Export, Legislation, Trade Practices
Recently, Oregon issued clarification pertaining to the classification of hard seltzers in the state. The guidance, as summarized below, impacts the majority of hard seltzers in the market. Classification of hard seltzer has a number of impacts, most notably on excise tax (or “privilege tax”) rates and licensing needed to produce, import, distribute and sell...
Continue Reading
Pennsylvania Governor Calls for Cannabis Legalization and State Alcohol Tax Relief
By Alva C. Mather on Aug 31, 2020
Posted In Alcohol Excise Taxes, Cannabis, General Interest, Legislation
Pennsylvania’s governor is urging the state’s legislature to legalize recreational marijuana and pass a six-month reduction or cancellation of the state’s alcohol tax on the hospitality industry. Pennsylvania would join 11 other states and Washington, D.C., in fully legalizing marijuana, which can be lucrative for states. “It’s almost, from a legislative and a state government...
Continue Reading
