What Can We Do For You?

Unlike any other product in commerce, alcohol beverages in America are subject to a range of federal, state, and local laws regulating the products’ advertisement and promotion. Additionally, trade associations impose their own voluntary guidelines on the promotion of alcohol products, often as a means of avoiding greater government regulation. Our Alcohol Industry Team provides ongoing counsel to clients on this extraordinary range of laws and regulations, with guidance encompassing:

• Federal advertising requirements imposed by the U.S. Alcohol and Tobacco Tax and Trade Bureau (TTB), the Federal Trade Commission (FTC), and the Food and Drug Administration (FDA).
• State alcohol marketing laws enforced by state regulatory agencies and attorneys general throughout America.
• Local ordinances regulating billboards and other outdoor advertising, published and broadcast advertising, and licensed premises signage restrictions imposed by city, county, parish, or municipal government agencies.
• Evolving regulation of unlicensed third-party promoters who employ cutting-edge technology and innovative advertising to connect consumers with licensees for the promotion of lawful alcohol sales.
• Voluntary industry advertising codes, such as those published and managed by The Beer Institute, The Brewers Association, The Wine Institute, and The Distilled Spirits Council of the United States. 

Our lawyers review television, radio, print, social media platforms, and Internet-based advertisements and promotional campaigns for compliance with government statutes, administrative regulations, and agency enforcement policies. Members of our Alcohol Industry Team work closely with professionals from the GrayRobinson Intellectual Property and Technology Law Practice to provide comprehensive advice on all aspects of preparing and implementing marketing, promotional, and advertising concepts.

We also conduct litigation risk analyses under the Lanham Act and similar laws dictating fair trade practices and intellectual property rights. Team members have represented clients in federal unfair competition litigation, TTB enforcement actions, FTC investigations, and state administrative proceedings arising from the advertising of alcohol beverages. 

Members of the GrayRobinson Alcohol Industry Team have extensive experience helping alcohol beverage companies, financial institutions, and investment funds successfully execute large, complex mergers from the buyer, seller, and lender sides of the table. We also counsel alcohol beverage clients in the areas of antitrust and competition and provide guidance in responding to government investigations throughout the United States. Our professionals are experienced in all facets of antitrust and competition law, including antitrust litigation, merger and acquisition analysis and defense, antitrust counseling, and consumer protection. We represent clients in civil antitrust litigation in U.S. federal and state courts and frequently represent parties before agencies such as the TTB and the FTC.

Every member of the alcohol industry faces potential or actual litigation. For example, industry members may encounter distributor termination disputes, dram shop and product liability claims, employer-employee relations problems, or general commercial conflicts, all of which exist in today’s business environment. We work with alcohol industry clients to address these issues and avoid litigation whenever it is practical and in the client’s best interest. When litigation is inevitable, we endeavor to protect our client’s interests with veteran trial lawyers who have years of bench and jury trial experience in both state and federal courts. However, because a courtroom trial represents only one method of dispute resolution, our law firm works with clients to resolve contested disputes through mediation, arbitration, and other alternative dispute resolution services.

Whether at the federal or state level, ongoing legislation and rulemaking continually change the “rules of the game” for the alcohol industry. All industry members need to monitor these constant changes. Some members require more than monitoring, finding it valuable to have a say in the direction of legislative and regulatory development or amendment. We work with clients to monitor existing and proposed legislation, and, in partnership with the GrayRobinson state and federal lobbying teams, we are often retained to advocate client positions before legislative bodies.

Taxation is a critical component of any business operating in the alcohol industry. Whether at the federal or state level, GrayRobinson lawyers and professionals have experience in advocating professional tax policies before federal and state legislatures and agencies, as well as offering tax compliance guidance and structuring transactions to facilitate tax planning and tax avoidance.