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.

Tips for Alcohol Suppliers Utilizing Social Media


By and on Jan 22, 2024
Posted In Advertising and Marketing

In light of the Federal Trade Commission’s (FTC) 2023 revisions to its Endorsement Guides, it is essential to ensure that your business is compliant. While the alcohol industry is known for product innovation, the industry is also embracing innovation on the marketing and advertising front, most notably with the use of social media. Given the...

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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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Key Takeaways | Seeing Around the Corner: Alcohol Industry Updates


By , , and on Oct 4, 2023
Posted In Advertising and Marketing, Food Safety and FDA, TTB COLAs and Formulas

In this webinar, Alva Mather, Lesli Esposito, Rachel Gartner and Nichole Shustack teamed up to unpack how recent regulatory shifts will significantly affect alcohol companies and distributors. They discussed product innovation in the spirits industry, “zero-proof” beverage options and how companies are leveraging the benefits of artificial intelligence for advertising and marketing. Top takeaways included:...

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California Steps Up Liquor License Enforcement


By and on Sep 11, 2023
Posted In Licensing

We always recommend you regularly review your state liquor licenses to ensure you hold the correct licenses for your business needs. However, given recent feedback from California regulators, you may want to expedite such a review. We have learned that California is scrutinizing liquor licenses and enforcing regulations that prohibit licensees from obtaining licenses that...

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Alcohol’s Next Innovation: ESG


By and on Jun 29, 2023
Posted In Transactions

The ever-evolving alcohol industry seems to be at the forefront of yet another major innovation, this time embracing sustainability with a focus on environmental, social and governance (ESG) initiatives. We see this through the installation of renewable energy production on-site, the incorporation of recycled materials in packaging and the embracement of like-minded enterprises to serve...

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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, 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, 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, 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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