Nichole Shustack Nichole Shustack

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Nichole D. Shustack focuses her practice on alcohol trade practice, regulatory, commercial agreements and distribution matters. She represents companies in the alcohol beverage industry, including brewers, distillers and wineries and has in-depth knowledge of the legal, regulatory and distribution issues facing the industry. Read Nichole Shustack's full bio.

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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Podcast: 2021 Legal Landscape for Brewers


By and 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...

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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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Five Tips for Making Boozy Ice Cream That’s Legal


By and 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...

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Ohio Case Will Likely Determine Whether Other States Use 21st Amendment Enforcement Act


By and 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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