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Marshall Fawley

Marshall Fawley

Marshall is outside regulatory counsel to some of the biggest names in the alcohol beverage industry. He also takes great pride in assisting entrepreneurs and new producers navigate the complex regulatory and legal landscape within the alcohol beverage industry.

Marshall assists clients with obtaining or amending Federal Basic Permits and Brewer’s Notices from the Alcohol and Tobacco Tax and Trade Bureau (TTB) and securing or amending state-level licenses and permits. He has significant experience drafting and negotiating alternating proprietorship and contract production agreements and securing these types of relationships with regulators. Whether already licensed or a new licensee, Marshall assists clients with navigating the TTB’s Certificate of Label Approval (COLA) and Formula (beverage and non-beverage) submission processes. Marshall often works with marketing and sales teams to ensure labels and advertising are compliant with federal regulations and industry standards. Marshall routinely provides clients with litigation risk analysis regarding label and advertising claims.

When clients receive enforcement notices from TTB, whether for tax, permit, or label/formula compliance, Marshall advises and advocates to obtain the best possible outcome for his clients. When a client finds itself out of compliance with the Federal Alcohol Administration Act, Marshall works with the client to determine the best path forward towards regaining compliance. Where necessary Marshall works with clients to submit a Voluntary Disclosure to TTB which often results in less severe enforcement actions.

Marshall assists clients on a range of additional issues including analysis of federal and state tied-house laws, brand acquisition due diligence, and analysis of state franchise laws. Additionally, Marshall has significant experience drafting and negotiating contracts among various tiers of the alcohol beverage industry including distribution and consultant agreements. Marshall regularly advises clients on Food and Drug Administration (FDA), Customs and Border Protection (CBP), and Internal Revenue Code (IRC) regulations as they relate to the alcohol beverage industry.

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Guest Appearances
March 8, 2021

Making Booze (Part 2)

How to create your own “adult beverages” without going to the slammer.

March 5, 2021

Making Booze (Part 1)

Learn how to legally craft your own moonshine or booze (without going to jail).