Midwest Beer Law, LLC

Regulatory

Compliance with State and Federal governments is mandatory if you want to successfully grow your company. The types of products and/or services that you provide determine which regulatory path(s) need to be traversed. I am adept at reviewing marketing directed towards the sale of these products for compliance with various federal laws, and ensuring that all labeling meets or exceeds the labeling guidelines.

The Alcohol and Tobacco Tax and Trade Bureau (TTB) is the newest bureau under the Department of the Treasury due to the split of the Alcohol, Tobacco and Firearms into two separate agencies. The TTB is responsible for administration and enforcement of alcohol beverage labeling and taxes. This includes:

  • Mandatory permits for any business that engages in producing, importing, or wholesaling alcoholic beverages;
  • Certificate of Label Approval (COLA) prior to the sale of alcoholic beverages;
  • Prevention of misleading labeling or advertising that may result in consumer deception
  • Preclusion of unfair trade practices, such as regulating marketing promotional practices and distribution agreements; and
  • Prevention of cross-state shipments of alcoholic beverages in violation of the receiving State’s laws.

The Food and Drug Administration (FDA) regulates foods, beverages, dietary supplements, drugs, cosmetics, medical devices, radiation-emitting products, and tobacco products. This includes all types of foods and drugs for both humans and pets. The FDA has many complex guidelines concerning the marketing and labeling of these products.

The Federal Trade Commission (FTC) protects consumers by preventing fraud, deception, unfair business practices, anticompetitive mergers, and other anticompetitive business practices in the marketplace. It conducts investigations, sues companies and people that violate the law, develops rules to ensure a vibrant marketplace, and educates consumers and businesses about their rights and responsibilities. For example, the FTC collects complaints about hundreds of issues from data security and deceptive advertising to identity theft and Do Not Call violations, and makes them available to law enforcement agencies worldwide for follow-up.

 

 

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