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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.
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...
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...
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...
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...
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...
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...
By Alva C. Mather and Nichole Shustack 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...
By Alva C. Mather and Nichole Shustack 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...