Bourbon and Social Media: Keeping Compliant with Nichole Shustack

Bourbon and Social Media: Keeping Compliant with Nichole Shustack of McDermott Will & Emery

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Alcohol is a heavily regulated product and there are several rules in place to keep the industry compliant. When brands promote alcohol on social media, they risk breaking these rules, and could potentially face legal action from government bodies like the Federal Trade Commission (FTC). Nichole Shustack joins Bourbon Pursuit to discuss topics such as alcohol promotion on social media, disclosing brand connections, bourbon charity raffles, and the legal implications that follow.

In Depth

Nichole answers questions such as:

  • How did you get into the legal space with alcohol?
  • Do you scroll through TikTok and say “that’s not compliant!”?
  • Are there government regulations involved with social media and alcohol promotion?
  • How are brands breaking the rules of social media promotion without knowing?
  • If a bottle was sent to an influencer, can an influencer or brand get fined from the FTC without disclosing it?
  • Who is going to come after influencers if they don’t disclose their relationships or free bottles?
  • What is the maturity level or different social media platforms?
  • Does a whiskey influencer need to be cautious about having children, pets, or Santa Claus in their posts?
  • Is it legal for influencers or companies to give away alcohol as a part of a promotion to gain followers?
  • What are the legal implications for people that hold bourbon charity raffles?