Arthur J. DeCelle
Subscribe to Arthur J. DeCelle's PostsArthur (Art) J. DeCelle focuses his practice on advising alcohol beverage companies in commercial transactions, advertising and marketing, regulatory and excise tax compliance, and effective participation in legal and public policy debates at all levels of government. Read Art DeCelle's full bio.
Legal, Political and Practical Challenges in Regulating Recreational Marijuana
By Arthur J. DeCelle on Apr 5, 2017
Posted In Advertising and Marketing, Cannabis, Distribution, Food Safety and FDA, Import/Export, Trade Practices, Transactions
On March 30, eight bills were introduced by senior members of Congress from both parties to legalize, regulate and tax marijuana. The bills were referred to at least five House Committees, as they address federal criminal law, taxation, banking, transportation, immigration, veterans’ affairs, access to federal benefits and other issues. The legislative activity follows establishment...
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Environmental Claims in Advertising
By Arthur J. DeCelle on Mar 27, 2017
Posted In Advertising and Marketing, TTB COLAs and Formulas
Arthur DeCelle wrote this bylined article describing how brewers can use product labels, point of sale (POS) advertising, social networks, and other media to tell customers about their environmental responsibility efforts. Such information “must be truthful and substantiated by evidence [and] must not be deceptive to reasonable consumers,” Mr. DeCelle wrote, urging brewers to “carefully...
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Implications of EU Ingredient Labeling Proposal for US Suppliers
By Arthur J. DeCelle on Mar 21, 2017
Posted In Advertising and Marketing, Food Safety and FDA, Import/Export, Legislation, Trade Practices, TTB COLAs and Formulas
On March 13, the European Commission approved a report that calls on members of the alcohol beverage industry to develop a comprehensive self-regulatory system of ingredient and nutritional labeling for beer, wine, and distilled spirits. The Commission is composed of representatives of each member nation of the European Union (EU) with a range of administrative...
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The BA’s Growing Influence on Capitol Hill
By Arthur J. DeCelle and David Ransom on Sep 29, 2016
Posted In Alcohol Excise Taxes, Distribution, Trade Practices, TTB COLAs and Formulas
How is it that the Brewers Association—an organization that has no political action committee, has employed a staff lobbyist for only 18 months, and has only had a strong presence in Washington since 2009—has gained significant traction among policymakers in the nation’s capital? The BA is now a serious player in Washington. That is not...
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FDA Announces Availability of Final Guidance on Menu Labeling
By Arthur J. DeCelle and Christopher M. Lahiff on May 6, 2016
Posted In Advertising and Marketing, Food Safety and FDA
On May 5, 2016, the US Food and Drug Administration (FDA) announced the availability of its final menu labeling guidance, “A Labeling Guide for Restaurants and Retail Establishments Selling Away-From-Home Foods – Part II (Menu Labeling Requirements in Accordance with 21 CFR 101.11).” The guidance is designed to help businesses comply with the menu labeling...
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A Practical Blueprint for Distribution
By Arthur J. DeCelle on Mar 22, 2016
Posted In Advertising and Marketing, Distribution
Whether you’re an experienced brewer getting ready to enter a new state, a startup packaging brewery looking to serve your home market, or a brewpub expanding to provide products to local retailers, you need a viable distribution plan. In recent years, individual brewers have deepened their understanding of industry dynamics in the heavily regulated beer...
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Tied House Laws and Category Management: A Continuing Quandary
By Arthur J. DeCelle on Mar 18, 2016
Posted In Advertising and Marketing, Distribution, Trade Practices
On March 16, the federal Alcohol and Tobacco Tax and Trade Bureau (TTB) published a list of frequently asked questions expanding further on a ruling issued in February on application of the federal “tied house law” to industry promotional activities, specifically category management practices employed by retailers. TTB claims that a formal rulemaking to revise...
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National Transportation Safety Board Targets Impaired Driving
By Arthur J. DeCelle on Jan 19, 2016
Posted In Advertising and Marketing
Industry professionals should remain aware of trends in policy and technology that may lead to changes in our nation’s laws to combat drunk driving. On January 13, 2016, National Transportation Safety Board (NTSB) Chairman Christopher Hart announced the “2016 Most Wanted Safety Improvements,” a comprehensive set of transportation safety goals that the NTSB will advocate...
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Federal Trade Commission Policy Statement on Deceptively Formatted Advertisements
By Arthur J. DeCelle on Jan 12, 2016
Posted In Advertising and Marketing
On December 22, 2015, the Federal Trade Commission (FTC) published an “Enforcement Policy Statement on Deceptively Formatted Advertisements” (2015 Policy Statement) with unanimous support of the Commissioners.[i] The Policy Statement applies to advertising and promotion of all goods and services, and it supplements prior FTC guidance that advertisers have relied on since the 1960s.[ii] Given...
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False Advertising Claims
By Arthur J. DeCelle on May 26, 2015
Posted In Advertising and Marketing, TTB COLAs and Formulas
Industry members should take note of several false advertising lawsuits against brewers and distillers. Several industry members are grappling with class action lawsuits, including at least three craft distillers. Compared to national ad campaigns from larger competitors, most small producer advertising is limited. But do not make the mistake of believing that modest advertising efforts...
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