The Learned Concierge - November 2024, Vol. 14
The Learned Concierge
Welcome to your monthly legal insights on the trends impacting the Retail, Hospitality, and Food & Beverage Industries.
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Alcohol Law
Michigan Beer and Wine Manufacturers Concerned About New Dietary Guidelines
New Dietary Guidelines for Americans are released every five years. The guidelines are created through studies from the National Academies of Science, Engineering and Medicine. This year the group is asking for a second opinion from the Interagency Coordinating Committee on the Prevention of Underage Drinking, which has raised concerns that the panel conducting the research could be biased.
For 40 years the dietary guidelines considered healthy alcohol consumption as one drink for women and two for men a day. However, last year a report from the World Health Organization said no level of alcohol consumption is safe for health. Click here to learn more.
Texas Senate Committee Mulls Future of THC-Infused Beverages
The Texas Senate Committee on State Affairs held a hearing to discuss how the Lonestar State might soon regulate THC-infused beverages. Led by committee chair Sen. Bryan Hughes, the hearing heard from members of Texas agencies and representatives of companies in the hemp industry, all discussing the need for reasonable regulations, as well as from citizens urging a total ban of the products. Click here for the breakdown.
Updated Guidance from TTB On Social Media Advertising for Alcoholic Beverages
On Nov. 1, TTB published Industry Circular 2024-1 which announced a new guidance for alcohol beverages with respect to social media. The new circular modifies and supersedes an earlier circular from 2022 (Industry Circular 2022-2).
The TTB treats content posted on social media by industry members as advertising subject to the FAA Act and relevant TTB regulations. This means that such publications must include all mandatory statements required under 27 CFR §§ 4.62, 5.233, and 7.233. Advertisements typically need to include the name and city and state (or other contact information) of the responsible advertiser, the class/type of the product, and, in some instances, may require the alcohol content. (Depending on specifics, additional information may be required). Click here to learn more.
Cybersecurity & Privacy
The Monthly Rundown of All Things Cyber, Privacy, and Technology
Click here to read the Right to Know – October 2024, Volume 22
October is Cybersecurity Awareness Month – It’s a Good Time to Update Your Training Program
David Ries and Melissa Ventrone authored an article, “It’s a Good Time to Update Your Training Program.”
This month is the 21st annual Cybersecurity Awareness Month, cosponsored by the Cybersecurity and Infrastructure Agency (CISA) and the National Cybersecurity Alliance. This year’s theme is “Secure Our World,” continuing what will now be the recurring theme.
Every user from the newest hire to senior management has a role in effective cybersecurity. Training is critical. The goal should be to promote constant security awareness, by every user, every day, every time they’re using technology, including staying focused and avoiding multitasking and distractions. Users should be aware of current threats and how to protect against them; know what to do if there’s an incident; and know how to get answers to questions. This month is a good time to provide a refresher to users, followed by periodic repetition.
A View from California: One Important Artificial Intelligence Bill Down, 17 Others Good to Go
Myriah Jaworski and Ali Bloom authored an article, “A View From California: One Important Artificial Intelligence Bill Down, 17 Others Good to Go.”
As it did with data privacy, California seeks to lead the charge when it comes to regulating the use and deployment of Artificial Intelligence (AI) tools. Joining Colorado and Utah, the other two states with enacted AI laws, California has quickly taken the lead in AI activity. But, receiving the state-wide consensus to pass those laws – including from the Governor’s Office – can be challenging.
In this article, we discuss the most significant California AI bills to pass, and what the Newsom veto of SB 1047 may mean for future legislative sessions. Each of the following California AI Acts go into effect on Jan. 1, 2026. Then, we discuss how these laws stack up against the Colorado and Utah AI laws.
ESG & Sustainability
Purpose: The 5th P in the Sustainable Food & Beverage Marketing Mix
The classic marketing mix, the 4 Ps — product, price, place, and promotion — provide a good framework with which food and beverage marketing teams can insert sustainability into the conversation. Adding a fifth P, purpose, will provide a foundation for making a larger impact. Click here to learn more.
Food & Beverage
Senate Moves to Improve Food Security, Prices’ Stability
The Senate on Tuesday proceeded with its legislative efforts to further develop the agricultural sector by ensuring national food security and income through marketing and storage services, as well as addressing emergency food crises.
Specifically, a bill seeking an Act to establish the National Food Reserve Agency, sponsored by Senator Saliu Mustapha (APC Kwara Central), passed second reading during plenary.
According to him, establishing an agency for the purpose of food reserves is essential to enhance food and nutrition security. He added that a strategic grain reserve would stabilize staple food prices for the benefit of both consumers and farmers. Click here to learn more.
Organic Food Group Asks 9th Circuit to Upend GMO Label Rule
An organic food industry advocacy group has asked the Ninth Circuit to reverse a district court decision upholding USDA’s implementation of the National Bioengineered Food Disclosure Standard, saying that the rule is “arbitrary and capricious” and is “not the uniform standard for consumers that Congress envisioned.” Click here to learn more.
Labor & Employment
Employer Obligations: Laws by Employee Count
Jonathan Vegosen authored an article, “HR by the Numbers: Thresholds for Employer Coverage.”
Employers are subject to an increasing variety of labor and employment laws on the federal, state, and local levels, depending on the number of employees they employ. Some of these laws only require larger employers, say with 50 or more employees, to comply. Other laws apply to employers with only one employee. Given recent developments in labor and employment laws, employers may wish to review whether certain laws apply to them based on their current employee counts and whether they have appropriate policies and practices in place to comply with them. Click here for a summary of certain federal and Illinois laws. They are organized by employer size alphabetically, with federal laws first, and Illinois laws thereafter.
Industry Trends
FTC Takes on Subscription Traps with ‘Click to Cancel’ Rule
The U.S. Federal Trade Commission adopted a final rule on Wednesday requiring businesses to make it as easy to cancel subscriptions and memberships as it is to sign up, in the agency’s last major rulemaking before the Nov. 5 election.
The “click to cancel” rule requires retailers, gyms, and other businesses to get consumers’ consent for subscriptions, auto-renewals and free trials that convert to paid memberships. The cancellation method must be “at least as easy to use” as the sign-up process. Click here to learn more.
Top 10 Hotel Trends of 2025
Much of what the hospitality industry will be talking about is already happening.
Click here for the 10 trends that will be major forces in the hotel business in 2025.
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