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.
Key Takeaways | Going Green: Environmental and Sustainability Risks and Opportunities for Alcohol Companies
By Alva C. Mather, Jacob Hollinger, Carl Fleming and Parker Lee on Apr 27, 2023
Posted In Legislation, Transactions
In a recent webinar, Alva Mather, Jacob Hollinger, Carl Fleming and Parker Lee guided attendees through the unique energy-related challenges and opportunities for alcoholic beverages companies presented by current megatrends relating to environmental, social and governance (ESG), carbon and sustainability. Some of the significant topics discussed included: Sustainability Trends Related Trapdoor Risks Sustainability Opportunities Across the Alcohol and Other Industries...
Continue Reading
2022 TTB Industry Circular 1: Consignment Sales
By Alva C. Mather on Jan 5, 2023
Posted In Advertising and Marketing, Alcohol Excise Taxes, Import/Export, Legislation, Trade Practices, Transactions
Each year the Alcohol and Tobacco Tax and Trade Bureau (TTB) issues “Industry Circulars” that apply statutory or regulatory requirements to a “specific circumstance or set of facts” or restate existing requirements. TTB also uses Industry Circulars to announce new statutory requirements or to discuss certain corrective actions. The last few years have been relatively...
Continue Reading
2022 TTB Industry Circular 2: Social Media Advertising
By Alva C. Mather on Jan 5, 2023
Posted In Advertising and Marketing, Alcohol Excise Taxes, Import/Export, Legislation, Trade Practices, Transactions
Due to the uptick in alcohol advertisement on social media platforms, the Alcohol and Tobacco Tax and Trade Bureau (TTB) issued guidance on advertising via social media and how TTB’s rules on advertising generally apply in this new and important context, as summarized below. TTB views an entire page or site as a single advertisement,...
Continue Reading
TTB Industry Circular 3: Calculating Tax Rates and Tax Credits on Imported Distilled Spirits
By Alva C. Mather on Jan 5, 2023
Posted In Advertising and Marketing, Alcohol Excise Taxes, Import/Export, Legislation, Trade Practices, Transactions
In the Alcohol and Tobacco Tax and Trade Bureau’s (TTB) final Industry Circular of the year, they provided DSPs guidance on how to calculate effective tax rates for distilled spirits products eligible for the Craft Beverage Modernization Act (CBMA) reduced tax rates, as well as providing importers with guidance on calculating and using effective tax...
Continue Reading
Alcohol Suppliers Hit with ADA Website Accessibility Lawsuits
By Jeremy White and Alva C. Mather on Jun 7, 2022
Posted In Advertising and Marketing
The increasing popularity of online shopping is placing e-commerce businesses—specifically those in the alcohol beverage industry—in legal crosshairs. In lockstep with a recent uptick in website accessibility cases, plaintiff firms are sending pre-suit demand letters to alcohol suppliers and, in some cases, even filing a state or federal court lawsuit. These lawsuits—which are typically filed...
Continue Reading
The Expanding Landscape of Alcohol Delivery Services
By Alva C. Mather on May 4, 2022
Posted In Advertising and Marketing, Distribution, Licensing, Trade Practices
Following consumer trends and fueled by the pandemic and related loosening of restrictions on in-state retailer alcohol delivery regulations, the marketplace for alcohol delivery services has expanded exponentially over the last several years and shows no signs of slowing down. Industry forecasts predict double-digit growth year-over-year until at least 2025 for alcohol-focused e-commerce platforms. However,...
Continue Reading
TTB Issues Four-Part Series on Health-Related Alcohol Marketing Claims
By Alva C. Mather 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...
Continue Reading
TTB Publishes Phase 2 of Labeling and Advertising Modernization Rule
By Alva C. Mather 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...
Continue Reading
Treasury Responds to Biden Administration Executive Order with Report, Recommendations to Increase Alcohol Industry Competition
By Alva C. Mather and Greg Heltzer on Feb 15, 2022
Posted In Uncategorized
On February 9, 2022, the US Treasury Department (Treasury) released a report with recommendations for how the Tobacco Tax and Trade Bureau (TTB), Federal Trade Commission (FTC) and Department of Justice (DOJ) can help drive competition in the beer, wine and spirits markets by stepping up conduct enforcement, adopting creative and nuanced theories of harm...
Continue Reading
Legal Considerations for Ready-to-Drink Cocktails
By Alva C. Mather 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...
Continue Reading
