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The Value of Data and Artificial Intelligence in the Alcohol Industry

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 provide a better understanding of consumer behavior, allowing companies to design their consumer approach in a more targeted manner. Purchase and demographic data allow companies to clearly identify trends and performance to improve their products and the way they communicate with consumers. This information is sometimes shared between suppliers and wholesalers to identify the best market opportunities for particular products. AI can also help track customer orders and provide recommendations for future ordering processes.

This same information can be used in an analysis to highlight emerging customer preferences, providing data-based feedback to companies to help them plan their production schedules, purchases, marketing plans, and innovation projects.

  • Customer Interaction

Industry members are increasingly turning to chatbots to answer frequently asked questions, shorten customer wait times, and reduce company workload. Virtual programs are also being used to provide personalized recommendations. For example, Diageo’s What’s Your Whisky program analyzes responses to specific questions and uses the data to make a whisky recommendation that is likely to match customer preferences.

Regulatory Compliance

While it may seem counterintuitive to use AI in the alcohol industry due to the large volume of varying regulations and industry guidelines, it can still be a useful tool, particularly for complying with reporting and payment deadlines, which may reduce the burden on your compliance team. However, there are key considerations when using, selling, or purchasing these tools:

  • Data Protection

With US states increasingly passing more comprehensive data privacy laws, it is vital to work with your information technology team and data specialists to maintain the security and anonymity of the data your company uses. For your convenience, McDermott’s global privacy and cybersecurity team has developed an interactive map tracking the rapidly changing state consumer privacy laws.

  • Value

Data and AI undoubtedly have and will continue to have intrinsic value; however, it is difficult to quantify this value given the intricacies and varying degrees of use. It is important to consider how the value of data should be accounted for particularly when sharing, purchasing, or selling data or AI tools across tiers to avoid running afoul of tied house restrictions.

  • Transparency

Finally, once you have clear goals for using AI or data, make sure you understand the rules and responsibilities, particularly regarding the use of personally identifiable information. Always be transparent about your collection, use, and disclosure of AI or data, and ensure your privacy policies are up to date.

We expect to see more industry guidelines develop [...]

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Key Takeaways | Seeing Around the Corner: Alcohol Industry Updates

In this webinar, Alva Mather, Lesli Esposito, Rachel Gartner and Nichole Shustack teamed up to unpack how recent regulatory shifts will significantly affect alcohol companies and distributors. They discussed product innovation in the spirits industry, “zero-proof” beverage options and how companies are leveraging the benefits of artificial intelligence for advertising and marketing.

Top takeaways included:

  1. Introducing a nonalcoholic beverage may mean getting to know a new federal agency. For alcohol brands looking to launch a zero-proof or nonalcoholic beverage, the Alcohol and Tobacco Tax and Trade Bureau (TTB) may not be the only federal agency regulating your product. The Food and Drug Administration (FDA) oversees the safety and efficacy of various consumer products, including nonalcoholic and conventional beverages. How a product is manufactured (e.g., dealcoholized products versus products that never contain alcohol) will play an important role in determining how a product is regulated. Industry members should be aware of what their obligations are to the FDA, TTB and relevant state agencies before launching a zero-proof or nonalcoholic beverage.
  2. In alcohol advertising, claim substantiation is the key to risk mitigation. Across all industries, we are seeing an uptick in sustainability claims, the use of reviews as part of advertising, claims around diversity, equity and inclusion efforts, and the continued use of social media influencers in marketing. Industry members should understand what constitutes a “claim” in advertising (e.g., what an influencer does with your product may be as important as what they say about it) and ensure they have the evidence to back up those claims.
  3. Keep an eye on the FTC. The Federal Trade Commission (FTC) is busy, both updating guidance for industry and taking sweeping enforcement actions. The FTC is in the process of revising its Guides for the Use of Environmental Marketing Claims (Green Guides). As sustainability claims become more prevalent, and as consumers rely on them more to make buying decisions, these updated Green Guides will be an important tool for industry members. As for enforcement, the alcohol industry has not been spared, and where the FTC’s current investigations ultimately go will be determinative of how the agency, under the Biden administration, views antitrust issues in the alcohol space.
  4. A new wave of direct-to-consumer shipping litigation is here. The familiar debate about direct-to-consumer (DTC) shipping laws returns. The litigation is primarily coming from out-of-state retailers challenging laws that allow in-state retailers to ship DTC but prohibit the same for out-of-state retailers. A new batch of litigants, primarily smaller suppliers, are also challenging laws that allow in-state self-distribution and DTC sales but prohibit the same for out-of-state suppliers.

Access webinar and slides.




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