Trade Practice, Trade Associations, & TTB Comments
Over the past three decades, technology and consolidation have fundamentally altered the competitive landscape across all sectors. From category management to digital marketing, alcohol companies have moved to leverage these dynamics by implementing a variety of strategies--some of which may not have been contemplated by existing regulations. In this session, trade association representatives will expand upon the legal and regulatory issues they highlighted in their public comments while debating the best way to regulate new or developing trade practice risks.
The Growing Frontier for Supplier Advertising: E-Commerce
State and federal laws address paid supplier ads or content in brick-and-mortar stores, but how do those laws translate into the digital space? E-commerce shopping comes in many forms, but what constitutes the equivalent of the brick-and-mortar store in the digital space? Do the same rules apply? Are new rules needed? In this session, experts will explore how the digital landscape is developing, identify new opportunities that are opening to suppliers, and discuss the regulatory responses to recent attempts to reach the digital shopper.
To Speak or Not to Speak
What constitutes compelled speech in a digital era where consumers demand transparency? The increase in labelling litigation--from ingredient labelling to nutritional claims--has put manufacturers on notice regarding the risk inherent to broad marketing claims. It has also increased the need for organizations to expand certain due diligence workflows and bolster their substantiation for most claims. In this session, attorneys will discuss strategies designed to minimize organizational risk ranging from FDA compliance to class action claims.
Alcohol Delivery in a Post-COVID World
COVID-driven market dynamics fundamentally altered the alcohol regulatory landscape. Cocktails-to-go privileges were rapidly developed and implemented to provide liquidity to licensees. Premises expansions were automatically granted to enable compliance with emergency regulations. But as jurisdictions have emerged from COVID, debates around the permanence of some laws and the scope of certain regulations have created yet another new landscape. In this session, attorneys will discuss the current alcohol delivery environment in light of post-COVID legislative and legal trends.
Going Global: Import-Export Law & Compliance
Modern technology and globalized supply chains have made the world more interconnected than ever. But as conflicts increase and global partners realign, multinationals are increasingly caught in the middle. With the continued weaponization of fiscal and monetary policy, companies will be forced to expend more resources on issues ranging from specific sourcing prohibitions to tariff compliance. In this session, attorneys will highlight various import/export laws and other federal statutes companies should maintain awareness of should they choose to enter the global market.
Compliance in the Era of College & Celebrity Sponsorships
Federal trade practice regulations and prohibitions on exclusive outlets necessitate disciplined drafting when negotiating sponsorships. With the rapid expansion of NIL deals, these dynamics are actively being compounded by the introduction of non-legal drinking age adults who might wish to profit off their own images. Further, unique antitrust questions emerge when discussing the interplay between employees who may wish to engage in sponsorship deals independent of, or in conflict to, their employers, teams, or organizations. In this session, attorneys will discuss the relevant laws and regulations that must be addressed when engaging in sponsorship deals involving alcoholic products.
The Increasing Scope of Sustainability within Supply Chains
At a foundational level, the alcohol business is an agricultural endeavor. As consumers and politicians debate the merits of ESG writ large, numerous states have re-ignited the policy debate around bottle bills and other sustainability measures such as extended producer responsibility (EPR). Further, some states are assessing the
viability of PFAS bans and other regulatory measures designed to tackle the ever-increasing waste issue facing various market sectors. In this session, attorneys will discuss the legal contours of these policies and how organizations can position themselves to remain compliant in this increasingly demanding area.
Brand Equity: Where Marketing Meets Legal
With the explosion of RTDs and crossover products leveraging recognizable IP, increased sales has led to increased legal risk. Channel distribution and crossover marketing strategies have resulted in various class action suits. First amendment questions ranging from parody to the scope of commercial free speech have also emerged as novel arguments make their way through the courts. And open questions around how IP ownership weighs on cross-tier ownership have re-ignited debates analogous to those historically held in the context of private labels. In this session, industry experts will discuss the broad range of legal risks inherent to protecting major brands amidst rapid innovation.
Compliance in the Era of College & Celebrity Sponsorships
Federal trade practice regulations and prohibitions on exclusive outlets necessitate disciplined drafting when negotiating sponsorships. With the rapid expansion of NIL deals, these dynamics are actively being compounded by the introduction of non-legal drinking age adults who might wish to profit off their own images. Further, unique antitrust questions emerge when discussing the interplay between employees who may wish to engage in sponsorship deals independent of, or in conflict to, their employers, teams, or organizations. In this session, attorneys will discuss the relevant laws and regulations that must be addressed when engaging in sponsorship deals involving alcoholic products.
The Increasing Scope of Sustainability within Supply Chains
At a foundational level, the alcohol business is an agricultural endeavor. As consumers and politicians debate the merits of ESG writ large, numerous states have re-ignited the policy debate around bottle bills and other sustainability measures such as extended producer responsibility (EPR). Further, some states are assessing the viability of PFAS bans and other regulatory measures designed to tackle the ever-increasing waste issue facing various market sectors. In this session, attorneys will discuss the legal contours of these
policies and how organizations can position themselves to remain compliant in this increasingly demanding area.
Brand Equity: Where Marketing Meets Legal
With the explosion of RTDs and crossover products leveraging recognizable IP, increased sales has led to increased legal risk. Channel distribution and crossover marketing strategies have resulted in various class action suits. First amendment questions ranging from parody to the scope of commercial free speech have also emerged as novel arguments make their way through the courts. And open questions around how IP ownership weighs on cross-tier ownership have re-ignited debates analogous to those historically held in the context of private labels. In this session, industry experts will discuss the broad range of legal risks inherent to protecting major brands amidst rapid innovation.
Maintaining Balance in an Era of Crossover Products & Interests
Despite the 2022 implosion in cryptocurrencies and NFTs, many companies continue investing in technologies they see as viable in the next generation of the Internet. However, investing in these emerging spaces does not come without risk. Trade practice and fairness considerations are inherent in conversations involving product placement in digital “real estate.” Beneficial ownership and flow of funds considerations are equally intertwined with NFTs and digital wallets. While the names and access points may have changed, the foundational legal principles and variables remain. In this session, technological, financial, and legal experts will discuss the legal grey spaces that present compliance difficulties for this evolving market.
Litigation Landscape: From Retailer Delivery to SCOTUS
Regulated markets can be litigious by their nature; and alcohol is no exception. While retailer delivery cases continue to percolate, additional dormant Commerce Clause cases have been filed in an effort to manufacture a circuit split. Plaintiffs’ firms have been equally active in labelling litigation--utilizing various consumer protection laws to challenge a range of claims and practices. Meanwhile, questions around cross-tier ownership and prohibited interests continue to intersect with questions of antitrust law and its applicability to the unique federalism dynamics under the 21st Amendment. In this session, attorneys will highlight the most important cases currently impacting the alcohol industry.