News:

The Federal Trade Commission has released a new publication for online influencers that lays out the agency’s rules of the road for when and how influencers must disclose sponsorships to their followers. The new guide, “Disclosures 101 for Social Media Influencers,” provides influencers with tips from FTC staff about what triggers the need for a disclosure and offers examples of both effective and ineffective disclosures. The guide and accompanying videos underscore that the responsibility to make disclosures about endorsements lies with the influencer. The guide outlines the various ways that an influencer’s relationship with a brand would make disclosures necessary, and it reminds influencers that they cannot assume that followers are aware of their connections to brands. The guide includes tips for when and how influencers should tell their followers about a relationship. For example, it suggests the words influencers might use, as well as where in their social posts a disclosure should appear. The new publication summarizes the FTC’s existing guidance in this area, including the FTC’s Endorsement Guides and a 2017 question-and-answer document produced by staff. Key points include: When to Disclose Disclose when you have any financial, employment, personal, or family relationship with a brand. Financial relationships aren’t limited to money. Disclose the relationship if you received anything of value to mention a product.  If a brand gives you free or discounted products or other perks and then you mention one of its products, make a disclosure even if you weren’t asked to mention that product.  Don’t assume your followers already know…

Posted in alcohol beverage law | Tagged FTC, influencer, social media | Comments Off

On Tuesday, October 22nd, the New York State Liquor Authority held a meeting for attorneys and representatives of alcohol beverage licensees to discuss internal changes, the addition of staff, increased application processing times, and common application mistakes that result in application deficiencies. Highlights of the meeting included:   Increased Application Processing Times: Application processing times have increased from 21 weeks to 26 weeks, but the filing receipt time has decreased to 2 1/2-3 weeks. Self certified applications process about 30 days sooner than non-certified applications. Brand label application processing times are up to 30 days from receipt of application.   Ways in which licensees and their representatives can avoid unnecessary delays: Licensing receives about 300 emails per day. When possible, avoid sending emails to the general licensing inbox. If you have a question regarding wholesale trade practice matters, brand label registrations, or price posting, you should email the wholesale bureau at Wholesale.Bureau@sla.ny.gov. If you have questions specific to craft licenses, you should email craftbev@sla.ny.gov. The SLA is seeing many deficiencies in applications for mistakes that can easily be avoided. For example, diagrams should be basic and easy to understand. Do not use architectural drawings as this will slow down the time it takes to review your application and may result in a deficiency. Floors of buildings should be clearly labeled and it is recommended that each floor within a licensed premises have its own diagram for clarity. All leases provided to the SLA should include a default clause. Be sure that bank statements provided to the SLA…

The Craft Beverage Modernization and Tax Reform Act (CBMTRA) has no doubt benefited those in the alcohol beverage industry. The tax relief under the CBMTRA is set to expire at the 2019. Industry members, including the American Craft Sprits Association (ACSA), are working hard to extend the tax benefits under the CBMTRA indefinitely. If you want to learn about the following: Outlook of the current status of tax legislation and extension efforts; Possible impact to your clients on December 31, 2019; If and how other issues, like the impeachment proceedings, could impact the Congressional agenda. Then please join ACSA’s public policy counsel, James Hyland of the Pennsylvania Avenue Group, on October 16th at 3pm EST for a complimentary webinar.

Posted in ACSA, alcohol beverage law, Craft Spirits, Distribution, TTB | Tagged ACSA, CMBA, Taxes | Comments Off