Alva C. Mather
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Alva 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.
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...
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,...
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...
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...
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...
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...
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...
By Alva C. Mather and Nichole Shustack on Aug 24, 2020
Posted In Advertising and Marketing, Distribution, General Interest, Legislation, TTB COLAs and Formulas
When you think of the relationship between alcohol and food, the classics come to mind: tiramisu, coq au vin and beer cheese. While there is a long culinary tradition of using alcohol in food, the newest trend is to utilize alcohol in innovative ways in the culinary world. Recently, a popular food/alcohol combo has been in the...
By Alva C. Mather and Nichole Shustack on Jul 22, 2020
Posted In Distribution
As was widely reported in the alcohol trade press, the state of Ohio filed suit against several online retail outlets a week ago after an investigation into direct-to-consumer shipments of wine and spirits into the state. The suit follows an investigation where employees of the Division of Liquor Control ordered wine and spirits online through...
By Alva C. Mather and Christine Dower on Jun 25, 2020
Posted In Advertising and Marketing, Distribution, Food Safety and FDA, General Interest, Legislation, TTB COLAs and Formulas
As part of the general move to better-for-you beverages, non-alcoholic (NA) options have been and will likely continue to be on the rise. However, how NA is treated, or not treated, as “beer” has significant impact on its potential route to market. The below summarizes the overall treatment of NA beer under US federal law,...