Wine, Beer and Spirits Law

Marketing and Brand Awareness Campaigns

One of the most important factors of any California wine, beer and spirits business is the marketing and brand awareness campaign that supports it. Any commercial venture needs to have a proper strategy to promote and inform product to the general public and other professionals in the field, but marketing alcohol in all its forms requires special oversight by an experienced attorney to ensure any materials adhere to stringent state, local and federal rules and guidelines. Innocent mistakes can rapidly expand into major violations that can wreak untold havoc on your business, your product and the way the public and government perceives them, which can translate into lawsuits, lost sales, brand confusion and poor economic performance.

The San Diego wine, beer and spirits law attorneys at Higgs Fletcher & Mack have extensive experience guiding and advising wineries, distilleries and breweries in proper accordance with the myriad and often counterintuitive regulations around advertising alcoholic beverage products and branding campaigns.

The San Diego alcohol marketing attorneys of Higgs Fletcher & Mack can advise you on the legal realities and potential risks and pitfalls of a variety of alcohol marketing and brand awareness campaigns including:

• Ad-copy review, clearance and protection: Copy is the basic building block of any wine, beer and spirits marketing and brand awareness campaign, but it is also the factor that requires the most attention to detail to by an attorney ensure that the words used to describe your product follow legal regulations. Furthermore, our lawyers will help you in your need to protect any innovative or unique words or phrases in your materials in order to differentiate yourself and prevent competitors from copying your ideas and marketing them as their own.
• Name and image licensing: Licensing the ability to produce your branded wine, beer or spirit is a large revenue source for any alcohol producer, but the intricacies and complex nature of the business can be easily overlooked. You need to have experienced and dedicated wine law attorneys that understand the difference between brand names, bottle art, and operating trade names in order to protect any intellectual property in your alcohol beverage marketing materials.
• Online and print marketing: Spreading the word is vital to informing your potential customers about your product, but the manner in which you do so is subject to regulation and oversight to ensure that you are not targeting ineligible demographics. Furthermore, alcohol marketing restrictions may vary within a state and even within counties, and as such it is wise to seek counsel with experienced California wine, beer and spirit attorneys before embarking on a comprehensive and expensive marketing campaign.
• False advertising claims: The claims that you and your competitors make in alcohol advertising and marketing can have dire repercussions if they are not managed appropriately and aggressively.  The FTC has restricted and heavily fined some of the largest wine, beer and spirits companies in the world, so great care must be taken in marketing and advertising any alcohol beverage.
• Contests and sweepstakes: These two extremely effective marketing tactics can help spread the word about your product to potential consumers, but as with any part of marketing alcohol they must be handled delicately and in accordance to the law. They can be successful as they can be detrimental, and the San Diego wine, beer and spirits attorneys at Higgs Fletcher & Mack are happy to review any potential strategy and ensure that you meet with appropriate guidelines and legal restrictions.
• Challenges from governmental and self-regulatory agencies: Government and industry-based challenges can always arise, even in the best run marketing and brand awareness campaign. Higgs Fletcher & Mack San Diego alcohol marketing attorneys can help you be prepared for these issues before they arise, and give your winery, brewery or distillery the flexibility to meet and overcome them.

Marketing and advertising your wine, beer or spirit requires delicate intensity as well as knowledge and foresight. You want to reach the maximum number of potential consumers, but you also have to do so in accordance with the law. The wine, beer and spirits attorneys at Higgs Fletcher & Mack will review your strategies, provide you counsel on potential conflicts or violations, and help you address any litigation or other legal challenges that frequently arise in California.

Before you write the check that commits you to an expensive marketing and brand awareness campaign for your product, fill out our free initial consultation form. One simple call can circumvent endless legal headaches, protect your brand identity, and most importantly, protect your bottom line. Contact the San Diego wine, beer and spirit lawyers at Higgs Fletcher & Mack today.