M&A Kristen Techel M&A Kristen Techel

Preparing to Sell Your Alcohol Business — Part III: Distribution

This article addresses issues surrounding distribution relationships, which are relevant to alcohol producers or importers that are preparing for sale. If you are a producer or an importer, it is critical to prepare comprehensive information relating to your Distribution Network. You should have a chart of your network, setting out which distributors you work with, in which territories. If you have multiple brands, this chart should designate whether all your brands are assigned to a single distributor in each territory, or if you work with multiple distributors. This chart should note whether you have any Written Agreements with your distributors.

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Marketing & Promotions Kristen Techel Marketing & Promotions Kristen Techel

Introduction to Alcohol Marketing & Promotions — Part I: Promotions Targeting Retailers

The permissibility of alcohol marketing and promotions is one of the most complicated legal issues your alcohol business will face. In today’s market, your sales & marketing team is under intense pressure to drive sales and connect with retailers and consumers. Depending upon the states that you are operating in, and the types of promotions you are interested in featuring, your business will need to navigate a complex patchwork of regulations. Working with an alcohol regulatory attorney to vet your promotions and educate your sales & marketing team is vital to ensure their creative ideas and promotional efforts won't get your business in trouble with regulators.

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Direct to Consumer, Launch & Expansion Kristen Techel Direct to Consumer, Launch & Expansion Kristen Techel

Direct to Consumer Shipping Options for Retailers

In this article, we discuss compliant DTC shipping options for Retailers. If your retail business holds a license in your home state to sell alcohol for off-premises consumption, then your business may be eligible to ship alcohol to consumers in other states with the appropriate license in the destination state, if required. There are fourteen markets that have an explicit path for out-of-state retailers to ship alcohol to in-state consumers.

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Labeling, M&A Kristen Techel Labeling, M&A Kristen Techel

Preparing to Sell Your Alcohol Business — Part II: Labeling

The statements made on your labels are an integral part of each product’s brand and identity. Buyers who want to be able to sell inventory they acquire from you, and continue to make those statements on products produced later, will expect evidence that they are accurate and compliant. This will include diligence into your trademark records, and will likely include detailed diligence questions regarding your business’s internal records and supply chain systems to corroborate and ensure labeling statements are accurate and meet regulatory requirements.

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M&A Kristen Techel M&A Kristen Techel

Preparing to Sell Your Alcohol Business — Part I: Licensing

There are many reasons why you may be considering selling your alcohol business or brand. Sale could have been your desired outcome from day one, or it could be due to unforeseen circumstances or market conditions. Whatever your reason for selling, ensure your alcohol business is ready for sale before soliciting potential buyers. As alcohol is a highly regulated industry, sales of alcohol businesses require more due diligence for the buyer to evaluate your business as an acquisition target. Acknowledge this complexity and make your business more attractive to interested purchasers by cleaning up compliance shortcomings in advance of the sale and collecting organized regulatory information for the potential buyer’s due diligence team. This series of articles will address what your alcohol business should do to best position itself for acquisition.

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Is Direct To Consumer Shipping the Right Sales Channel for Your Winery, Brewery, or Distillery?
Direct to Consumer, Launch & Expansion Kristen Techel Direct to Consumer, Launch & Expansion Kristen Techel

Is Direct To Consumer Shipping the Right Sales Channel for Your Winery, Brewery, or Distillery?

Direct to Consumer (DTC) shipping can be a valuable sales channel for alcohol manufacturers, but is it right for your business model? This is not just a question for your sales, marketing, and finance teams. When evaluating whether to engage in DTC sales, there are several legal considerations you should discuss with regulatory counsel to determine whether DTC shipping would be a strategic addition to your business.

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Talking to a Lawyer About Launching a New Alcohol Business
Launch & Expansion Kristen Techel Launch & Expansion Kristen Techel

Talking to a Lawyer About Launching a New Alcohol Business

If you are planning on launching a new business in the alcohol industry, one of your first steps should be to discuss your plans with an alcohol regulatory attorney. Alcohol is a highly regulated industry with unique restrictions that many business professionals are unaware of if they have not previously worked in the alcohol space. An alcohol attorney can educate you on the regulatory framework and evaluate whether your business plan is feasible from a legal perspective. An attorney can also assist with structuring the business to ensure you’re legally compliant and help you manage risk. This article addresses the topics you’ll address with your attorney as you vet your business idea.

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