Alva C. Mather
Subscribe to Alva C. Mather's PostsAlva Mather is the global head of McDermott’s Regulatory Practice Group and a member of the Firm’s Management Committee, and heads the Alcohol Regulatory & Distribution Practice. As a nationally recognized go-to lawyer for alcohol beverage regulatory, commercial and M&A matters, clients say that Alva “comes to the situation with clear leadership and strong knowledge of the food and beverage industry.” She combines her extensive knowledge of the commercial and legal landscape as well as deep understanding of the beverage industry to help clients mitigate risk, respond to challenges, and capture and pursue new business opportunities. Read Alva Mather's full bio.
An End-of-Year Review of TTB Tax Audits and Enforcement
By Alva C. Mather, Christine Dower and Michelle Draper on Dec 20, 2024
Posted In Alcohol Excise Taxes, Enforcement, Licensing
We have updated and republished this March 2024 blog post for a year-end summary. The Alcohol and Tobacco Tax and Trade Bureau’s (TTB) Office of Field Operations is responsible for ensuring industry members comply with the Federal Alcohol Administration Act, the Internal Revenue Code, and all related regulations. It is divided into three groups: the...
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The Value of Data and Artificial Intelligence in the Alcohol Industry
By Alva C. Mather and Michelle Draper on Nov 7, 2024
Posted In Advertising and Marketing, Trade Practices
Members in the ever-evolving alcohol industry are leveraging data and artificial intelligence (AI) to drive innovation, enhance customer experiences, and optimize operations, all in an effort to increase efficiency and profitability in the market. There are several ways AI is being used to transform this industry: Marketing and Insights Data is highly valuable and can...
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Navigating the Buzz: How State Agencies Are Addressing Confusion Around Hemp and Low-Dose THC Beverages
By Alva C. Mather and Christine Dower on Oct 25, 2024
Posted In Cannabis, Hemp-Derived Beverages, Non-Alcoholic Beverages, THC Beverages
Hemp and low-dose delta-9 tetrahydrocannabinol (THC) beverages continue to flood the marketplace. Depending on the state, these products can be purchased in liquor stores, gas stations, grocery stores, bars, restaurants, and/or online. Despite their rise in popularity and presumed legality under the 2018 Farm Bill, some state agencies have recently made headlines with decisions to ban...
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Contract Manufacturing Versus an Alternating Proprietorship: What Is the Difference?
By Alva C. Mather, Christine Dower and Michelle Draper on Sep 26, 2024
Posted In Alcohol Excise Taxes, Audits, Commercial Agreements, Craft Beverage Modernization Act, Licensing
We frequently receive questions about the differences between contract brewing and alternating proprietorships, as well as questions concerning the key details the Alcohol and Tobacco Tax and Trade Bureau (TTB) and other regulators will be looking for in either approving the proposed structure or, more importantly, during a company audit. Here we discuss the primary...
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Seasonal Considerations for Packaging and Selling Alcoholic Beverages
By Alva C. Mather and Andrea Nappi Conforme on Sep 6, 2024
Posted In Beer, Malt Beverages and Cereal Beverages, Distilled Spirits, TTB COLAs and Formulas, Wine and Cider
The final quarter of the year is the alcohol industry’s busiest period, accounting for approximately 70% of annual business. Many holiday-themed seasonal products are beginning to make their way to market, and it is important to remember that these products may have additional regulatory considerations and hurdles. The Alcohol and Tobacco Tax and Trade Bureau...
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Maine Updates Ownership Disclosure Requirements
By Alva C. Mather and Michelle Draper on Aug 30, 2024
Posted In Legislation, Licensing
On August 9, 2024, the new Public Law 2023, ch. 633 (L.D. 2069) from Maine’s Bureau of Alcoholic Beverages and Lottery Operations (BABLO) formally went into effect, bringing an end to the previous burdensome “entire ownership” disclosure requirement that disrupted the industry in 2023. This legislation establishes new ownership disclosure requirement related to alcohol licensing...
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Pennsylvania Expands Access to Ready-to-Drink Cocktails
By Alva C. Mather and Andrea Nappi Conforme on Jul 26, 2024
Posted In Beer, Malt Beverages and Cereal Beverages, Distilled Spirits, Distribution, Legislation, Licensing, RTD Beverages
On July 17, 2024, Pennsylvania Governor Josh Shapiro signed SB 688 into law, expanding the number of available outlets that can sell ready-to-drink cocktails (RTDs) across the state. The new law defines “Ready-to-drink cocktails” as “beverage[s], composed in part of distilled liquor … premixed and packaged in original containers by the manufacturer, containing not more...
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Growing Regulatory Focus on ‘Crossover Alcohol Products’
By Alva C. Mather on Jul 10, 2024
Posted In Advertising and Marketing, Beer, Malt Beverages and Cereal Beverages, Distilled Spirits, Non-Alcoholic Beverages, Non-Beverage Alcohol, Wine and Cider
As more companies – including businesses with and without experience producing alcoholic beverages – move to leverage their brands and brand equity across the beverage spectrum, regulators, trade associations and the companies themselves are focusing on ways to responsibly label, advertise, market and display these products to avoid consumer confusion and potential sales to minors....
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DOJ Proposes to Reschedule Marijuana (Cannabis) to Schedule III
By James R. Ravitz, Alva C. Mather, Paul S. Gadiock, Deepika Raj, Marissa Hill Daley and Karis Jackson on Jun 3, 2024
Posted In Cannabis, Food Safety and FDA, Hemp-Derived Beverages, THC Beverages
On May 21, 2024, the US Department of Justice (DOJ) published the highly anticipated notice of proposed rulemaking (NPRM) to reschedule marijuana (cannabis) from a Schedule I controlled substance to Schedule III, taking the first step to easing federal restrictions on cannabis and potentially opening up the door for further cannabis research and development. This regulatory change...
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Labor Law Update: Union Certification Without Winning the Employee Vote
By Christopher Foster, Alexander Randolph and Alva C. Mather on May 29, 2024
Posted In Employment
As reported throughout the trade press, alcohol beverage companies are facing escalating pressure from unions and the National Labor Relations Board (or NLRB, the federal agency that enforces labor laws against both unionized and non-unionized companies). As recently as last month, an NLRB administrative law judge ordered Woodford Reserve Distillery to recognize and bargain with...
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