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Bourbon Pursuit

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

Bourbon Pursuit

Bourbon Pursuit

Hobbies, Food, Arts, Leisure

4.9866 Ratings

🗓️ 13 October 2022

⏱️ 58 minutes

🧾️ Download transcript

Summary

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 Support this podcast on Patreon

Transcript

Click on a timestamp to play from that location

0:00.0

you know, I just got to protect myself, make sure nobody's out there making important decisions

0:06.6

based on what I say.

0:07.9

Well, they will.

0:09.6

That's what this is all about.

0:10.6

You're going to school the entire bourbon world of influencers out there and tell them what they've been doing wrong the entire time.

0:37.9

This is Bourbon Pursuit, the official podcast of Bourbon, bringing to you the best in news, reviews, and interviews, with people making the bourbon whiskey industry happen,

0:39.8

and I'm one of your host, Kenny Coleman.

0:43.9

We all have our favorite people and our favorite brands that we follow on social media.

0:47.4

I hope you're following bourbon pursuit, but there's a lot of people out there that get categorized as influencers on every platform like Instagram and TikTok, but there's also every

0:52.9

brand.

0:53.8

They have to be on social media too.

0:55.7

And since alcohol is a heavily regulated product,

0:58.4

there's a ton of rules in place to make sure the industry stays compliant.

1:02.2

And for the most part, many are breaking these rules on a daily basis,

1:05.4

and we just didn't know about it.

1:07.0

And you could potentially face legal action from government bodies like the FTC.

1:11.1

Well, to help us get more educated on the subject, we're joined by Nicole Shustack.

1:15.3

She's the council at McDermott, Will, and Emory Law Firm.

1:18.3

I asked Nicole a bunch of questions about the things I see on social media every day.

1:22.3

It comes to things like influencers actually getting free bottles in the mail,

1:25.8

disclosing brand connections.

1:27.5

There's other things we see, such as bourbon charity raffles, but what could be the legal

...

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