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



We all have our favorite people and brands we follow on social media. I hope it’s Bourbon Pursuit, but there are a lot of people that get categorized as influencers on every platform like Instagram and TikTok but every brand also needs to be on social media. Since alcohol is a heavily regulated product, there are ton of rules in place to keep the industry compliant. And for the most part, many are breaking these rules on a daily basis and could potentially face legal action from government bodies like the FTC. To help get us all more educated on the subject, we’re joined by Nichole Shustack who’s the Counsel at McDermott Will & Emery law firm. I ask Nichole a bunch of questions about the things I see on social media everyday when it comes to influencers getting free bottles, disclosing brand connections, bourbon charity raffles, and the legal implications that follow.

Show Notes:

  • Above the Char with Fred Minnick (@fredminnick) talks about wine for the american whiskey drinker
  • 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?
  • @mcdermott_law
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