Isabelle Cunningham

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Isabelle R. Cunningham focuses her practice on regulatory matters, particularly in the area of alcohol and distribution. Isabelle concentrates her work on franchise law related to new product launches, transfers of brand rights, supplier rights in a distributor transaction and has experience drafting, reviewing and negotiating contracts. Read Isabelle Cunningham's full bio.

TTB Issues Four-Part Series on Health-Related Alcohol Marketing Claims

By and on Apr 21, 2022
Posted In Advertising and Marketing

As consumers continue to trend toward more health-conscious options, including in their choice of alcoholic beverages, the Alcohol and Tobacco Tax and Trade Bureau (TTB) has responded with guidance on health-related marketing claims in a four-part weekly newsletter. The guidance is in response to what TTB categorized as an “increasing number of alcohol beverage advertisements…suggesting...

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TTB Publishes Phase 2 of Labeling and Advertising Modernization Rule

By and on Feb 22, 2022
Posted In Advertising and Marketing, Distribution, Trade Practices, TTB COLAs and Formulas

On February 9, 2022, the Alcohol and Tobacco Tax and Trade Bureau (TTB) published a final rule that implements Phase 2 of its rulemaking modernizing certain labeling and advertising regulations for malt beverages and distilled spirits. This follows Phase 1, implemented on April 2, 2020, which undertook multiple liberalizing measures, including increasing the tolerance applicable...

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Legal Considerations for Ready-to-Drink Cocktails

By and on Jan 21, 2022
Posted In Advertising and Marketing, Alcohol Excise Taxes, Distribution, Legislation, Trade Practices

The ready-to-drink cocktail or “RTD” category has exploded in recent years, and it’s occupied by more than merely craft distillers familiar with a carefully made cocktail. Brewers, distillers and even vintners have joined in, capitalizing on consumers’ desires for pre-made, no-fuss beverages. The most unexpected development to emerge with RTDs, however, is the legal complexity...

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Second Prop 65 Amendment Effective April 1, 2021: New Warnings Required

By , and 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...

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Oregon Issues New Guidance on Hard Seltzer Classification

By , and 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...

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