Compliance reviews for proposed transactions
Daftari Law reviews proposed promotions, new products, and distributor agreements against the applicable regulatory requirements. The review addresses the parties' roles, the terms of the arrangement, and its legal consequences for the business.
Distributor relationships, exclusive territories, and termination
Georgia's alcohol rules regulate designation of wholesalers and sales territories and establish procedures for changing them. Depending on the proposed change, notice, cause, and a hearing may be material. A termination clause should be assessed alongside those requirements rather than treated as the entire exit strategy.
The firm advises on distributor selection, territory and exclusivity provisions, performance standards, proposed changes, and disputes over the relationship. That includes reviewing the agreement, registration history, communications, and evidence of performance before taking a position.
Promotions and supplier-retailer relationships
The Federal Alcohol Administration Act addresses four categories of trade practices: exclusive outlets, tied-house arrangements, commercial bribery, and consignment sales. These rules can make the structure of a marketing or sales arrangement legally significant, including what a supplier provides to a retailer and what it expects in return.
The review may involve sponsorships, promotional support, product placement, sales incentives, return rights, or payment arrangements. The firm evaluates the actual terms against the applicable federal and state rules, including relevant exceptions and jurisdictional requirements, before advising on the proposed activity.
Labels, product changes, and advertising
Product classification matters because the applicable labeling and approval requirements depend on the beverage. A change in formulation, presentation, or marketing should prompt review of the approvals and rules that apply to that product. For imported products covered by the FAA Act, TTB's guidance addresses Certificates of Label Approval, commonly called COLAs, and additional documentation for certain products.
Daftari Law assists with identifying approval requirements, reviewing proposed claims and labels, and addressing questions raised during regulatory review. Brand protection can also be coordinated with the firm's trademark practice.
Inspections, violation notices, and administrative proceedings
The starting point is the notice itself: the alleged conduct, cited authority, response date, and action the agency proposes to take. The firm reviews the relevant records, develops factual and legal responses, and prepares the business's position for agency communications or a hearing. Where adverse action follows, the next step includes evaluating the available route and record for judicial review.
Continuing outside counsel
Recurring legal work may include review of proposed promotions, commercial agreements, operational changes, and developing disputes. An independent outside-counsel relationship gives the business continuity across those decisions without separating its regulatory questions from its commercial objectives.
Request a ConsultationFor cross-border operations, see Alcohol Import, Export & International Trade.