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.
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...
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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...
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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...
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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...
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Second Prop 65 Amendment Effective April 1, 2021: New Warnings Required
By Alva C. Mather on Mar 26, 2021
Posted In Distribution, Legislation, Transactions
The Safe Drinking Water and Toxic Enforcement Act of 1986, also known as Proposition 65 (Prop 65), was enacted as a ballot initiative and requires businesses to inform Californians about exposures to chemicals that are known to cause cancer, birth defects or other reproductive harm. The regulation prohibits knowing or intentional exposure of any individual...
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Podcast: 2021 Legal Landscape for Brewers
By Alva C. Mather on Feb 26, 2021
Posted In Alcohol Excise Taxes, Distribution, Transactions
Between pandemic-driven changes to shipping and home delivery privileges, the rise of e-commerce and the nebulous definition of hard seltzer for tax and regulatory purposes, there is a lot that brewers need to know to remain on the right side of the law in 2021. Alva Mather, head of the Firm’s Alcohol Regulatory & Distribution...
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Oregon Issues New Guidance on Hard Seltzer Classification
By Alva C. Mather on Jan 11, 2021
Posted In Alcohol Excise Taxes, Distribution, Import/Export, Legislation, Trade Practices
Recently, Oregon issued clarification pertaining to the classification of hard seltzers in the state. The guidance, as summarized below, impacts the majority of hard seltzers in the market. Classification of hard seltzer has a number of impacts, most notably on excise tax (or “privilege tax”) rates and licensing needed to produce, import, distribute and sell...
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Pennsylvania Governor Calls for Cannabis Legalization and State Alcohol Tax Relief
By Alva C. Mather on Aug 31, 2020
Posted In Alcohol Excise Taxes, Cannabis, Legislation
Pennsylvania’s governor is urging the state’s legislature to legalize recreational marijuana and pass a six-month reduction or cancellation of the state’s alcohol tax on the hospitality industry. Pennsylvania would join 11 other states and Washington, D.C., in fully legalizing marijuana, which can be lucrative for states. “It’s almost, from a legislative and a state government...
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Five Tips for Making Boozy Ice Cream That’s Legal
By Alva C. Mather on Aug 24, 2020
Posted In Advertising and Marketing, Distribution, Legislation, TTB COLAs and Formulas
When you think of the relationship between alcohol and food, the classics come to mind: tiramisu, coq au vin and beer cheese. While there is a long culinary tradition of using alcohol in food, the newest trend is to utilize alcohol in innovative ways in the culinary world. Recently, a popular food/alcohol combo has been in the...
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Ohio Case Will Likely Determine Whether Other States Use 21st Amendment Enforcement Act
By Alva C. Mather on Jul 22, 2020
Posted In Distribution
As was widely reported in the alcohol trade press, the state of Ohio filed suit against several online retail outlets a week ago after an investigation into direct-to-consumer shipments of wine and spirits into the state. The suit follows an investigation where employees of the Division of Liquor Control ordered wine and spirits online through...
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