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.

Contracts Corner: Sponsorship Agreements


By on Jan 10, 2024
Posted In Advertising and Marketing

Sponsorships continue to be one of the alcohol beverage industry’s primary methods of promoting brands to drinkers. In professional sports alone, alcohol beverage brands contributed $480 million in sponsorship revenue across the four major professional sports leagues during the 2022–2023 season, according to a SponsorUnited study. As suppliers look to better target audiences via sponsorships,...

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How Industry Members Can Prepare for Alcohol Theft


By and on Nov 30, 2023
Posted In Uncategorized

While there has always been theft in the alcohol industry, there has been a significant uptick in large-scale larceny in recent months. Because of this reality, alcohol industry members should take steps to prepare for missing product. Below are some ideas to consider. Ensure you have adequate insurance coverage: While reviewing your insurance policy is...

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How Alcohol Industry Members Can Prepare for a Government Shutdown


By on Sep 21, 2023
Posted In General Interest, TTB COLAs and Formulas

With less than a week and a half remaining to avert a government shutdown, Congress appears no closer to finding a solution. This means that a shutdown could occur as early as October 1, 2023. Alcohol industry members should understand what this means for the Alcohol and Tobacco Tax and Trade Bureau (TTB). While TTB...

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TTB Issues Updated Guidance on Transfers of Beer Between Breweries Under Separate Ownership


By on Aug 28, 2023
Posted In Alcohol Excise Taxes

On July 13, 2023, the Alcohol and Tobacco Tax and Trade Bureau (TTB) published Procedure Number 2023-1, providing brewers with updated guidance on the transfer of beer without tax payment between breweries not of the same ownership. The Craft Beverage Modernization Act (CBMA) provisions of the Tax Cuts and Jobs Act of 2017 temporarily permitted...

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Contracts Corner: Distribution Agreements


By and on May 4, 2023
Posted In Advertising and Marketing, Distribution

Finding the right distributor is critical to the success of an alcohol brand—as is ensuring the agreement appointing that distributor provides ample protection for the supplier or brand owner. At a high level, suppliers should keep the following top of mind when entering into a distribution relationship or negotiating a distribution agreement: (1) What territory...

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2022 TTB Industry Circular 1: Consignment Sales


By , and 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...

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2022 TTB Industry Circular 2: Social Media Advertising


By , and 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,...

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TTB Industry Circular 3: Calculating Tax Rates and Tax Credits on Imported Distilled Spirits


By , and 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...

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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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