Alva C. Mather
Subscribe to Alva C. Mather's PostsAlva Mather is the global head of McDermott’s Regulatory Practice Group and a member of the Firm’s Management Committee, and heads the Alcohol Regulatory & Distribution Practice. As a nationally recognized go-to lawyer for alcohol beverage regulatory, commercial and M&A matters, clients say that Alva “comes to the situation with clear leadership and strong knowledge of the food and beverage industry.” She combines her extensive knowledge of the commercial and legal landscape as well as deep understanding of the beverage industry to help clients mitigate risk, respond to challenges, and capture and pursue new business opportunities. Read Alva Mather's full bio.
Five Tips for Making Boozy Ice Cream That’s Legal
By Alva C. Mather on Aug 24, 2020
Posted In Advertising and Marketing, Distribution, 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...
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Ohio Case Will Likely Determine Whether Other States Use 21st Amendment Enforcement Act
By Alva C. Mather 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...
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Non-Alcoholic Beer Regulation 101
By Alva C. Mather and Christine Dower on Jun 25, 2020
Posted In Advertising and Marketing, Distribution, Food Safety and FDA, 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,...
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Detailed Summary of Federal Requirements for Production of Hand Sanitizing Products
By Alva C. Mather on Apr 1, 2020
Posted In Alcohol Excise Taxes, Food Safety and FDA, Legislation, Non-Beverage Alcohol, TTB COLAs and Formulas
To meet the growing need for hand sanitizing products, various federal agencies including the Alcohol Tobacco Tax and Trade Bureau (TTB), Federal Drug Administration (FDA), Health and Human Services (HHS) and Congress have been rapidly updating and providing guidance for alcohol manufacturers interested in producing or supplying alcohol for the production of these important products....
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TTB and FDA Relax Restrictions on the Production of Hand Sanitizers by Alcohol Manufacturers
By Alva C. Mather on Mar 23, 2020
Posted In Food Safety and FDA, Non-Beverage Alcohol, TTB COLAs and Formulas
With the increasing pace of the spread of the Coronavirus (COVID-19) and the related emergent need to increase the available supply for hand sanitizer products across the United States, the Alcohol and Tobacco Tax and Trade Bureau (TTB), followed by the Federal Drug Administration (FDA), have relaxed requirements for certain alcohol producers to produce these...
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TTB Relaxes Consignment Sale Restrictions in Wake of Coronavirus Cancellations
By Alva C. Mather on Mar 16, 2020
Posted In Trade Practices, TTB COLAs and Formulas
On Friday, March 13, 2019, in the wake of growing concerns and related mass cancellations of large events all across the United States, the federal Alcohol and Tobacco Tax and Trade Bureau (TTB) announced that it is relaxing federal restrictions on alcoholic beverage returns that might otherwise violate prohibitions associated with consignment sales.
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Florida Federal District Court Rules GRAS Regulation Preempts Florida Statute Criminalizing Ingredient
By Alva C. Mather and Christopher M. Lahiff on Mar 9, 2020
Posted In Food Safety and FDA, Legislation
In an important ruling dismissing a proposed class action, the US District Court for the Southern District of Florida ruled that the US Food and Drug Administration’s (FDA’s) generally recognized as safe (GRAS) regulation preempts a Florida statute that criminalized adding grains of paradise to liquor. More specifically, the Court in Marrache v. Bacardi USA,...
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Eighth Circuit Strikes Down Multiple Missouri Alcohol Beverage Advertising Laws
By Alva C. Mather on Jan 13, 2020
Posted In Advertising and Marketing, Legislation, Trade Practices
In another blow to the constitutionality of alcohol beverage laws, the Court of Appeals for the Eighth Circuit struck down on First Amendment grounds a number of Missouri’s alcohol beverage advertising laws on the basis that Missouri failed to meets it burden to demonstrate that such laws both advanced the state’s substantial interest and were...
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EPA Approves Use of 10 Pesticide Products on Hemp
By Alva C. Mather and Noah Feldman Greene on Dec 20, 2019
Posted In Cannabis, Food Safety and FDA
Yesterday, the Environmental Protection Agency (EPA) announced its approval of 10 new pesticides for use on hemp products. EPA’s approval of nine biopesticides and one conventional pesticide provides greater certainty to hemp farmers in time for the 2020 planting season. The hemp industry awaits further guidance from other federal regulatory agencies.
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USDA Publishes Long-Awaited Interim Regulations Governing the Production of Legalized Hemp
By Alva C. Mather on Nov 1, 2019
Posted In Cannabis, Food Safety and FDA
Yesterday, the United Stated Department of Agriculture (USDA) released its interim final rule setting forth the proposed rules and regulations regarding the production of hemp under the provisions of the Agricultural Improvement Act of 2018, or the “2018 Farm Bill.” As mandated by the 2018 Farm Bill, the proposed regulations outline provisions for both the...
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