Nichole Shustack
Subscribe to Nichole Shustack's PostsNichole 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.
Contracts Corner: Distribution Agreements
By Nichole Shustack and Isabelle Cunningham 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 Alva C. Mather, Nichole Shustack and Isabelle Cunningham 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 Alva C. Mather, Nichole Shustack and Isabelle Cunningham 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 Alva C. Mather, Nichole Shustack and Isabelle Cunningham 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 Nichole Shustack and Isabelle Cunningham 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 Nichole Shustack and Isabelle Cunningham 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 Nichole Shustack and Isabelle Cunningham 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 Alva C. Mather, Nichole Shustack and Isabelle Cunningham 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 Alva C. Mather and Nichole Shustack 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 Nichole Shustack, Alva C. Mather and Isabelle Cunningham 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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