In this episode, Ryan Malkin, principal attorney at Malkin Law, returns to Business of Drinks to answer listener questions on essential legal topics, like: How far can you go with functional claims? Who needs D&O insurance? What’s happening with DTC spirits shipping? 

We discuss everything from THC beverages and functional ingredients to distribution contracts and risk management. With the beverage industry seeing rapid innovation, especially in functional and cannabis-infused drinks, Ryan’s insights are invaluable for ensuring your brand stays compliant and competitive in 2025.

In this episode, Ryan shares:

- Functional ingredients and health claims – Learn why alcohol and THC brands should avoid making direct health claims about ingredients like ginger, probiotics, or adaptogens to prevent lawsuits — and how to communicate ingredient benefits without crossing legal lines.

- The evolution of THC beverages – Ryan discusses the booming category, and explains the legal nuances between hemp-derived and marijuana-derived THC products and how brands can stay compliant as regulations evolve.

- FDA vs. TTB oversight – Ryan clarifies when brands need to engage with the FDA (non-alc and functional ingredients) versus the TTB (alcohol formulations and labeling), and how to work with each agency.

- Key contract considerations – From co-packing agreements to distribution contracts, Ryan highlights why clear legal contracts are your first line of defense, ensuring accountability when things go wrong and protecting founders and directors from litigation.

- Emerging legal issues – Ryan discusses new regulations on standards of fill, direct-to-consumer shipping for craft distilleries, and why THC brands are creating their own distribution models instead of relying on big distributors.

Last Call: 

Caroline Lamb interviews wine influencer Pilar Brito (@BarPilarr). Pilar's rapid rise to 140K+ followers on Instagram and TikTok in just over a year(!!) offers valuable lessons for wine brands looking to leverage influencer marketing. Pilar shares insights on creating engaging content, building community, and forming authentic partnerships.

Don’t miss our next episode, dropping on 2/26.

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Erica Duecy, co-host:Erica Duecy is founder and co-host of Business of Drinks and one of the drinks industry’s most accomplished digital and content strategists. She runs the consultancy and advisory arm of Business of Drinks and has built publishing and marketing programs for Drizly, VinePair, SevenFifty, and other hospitality and drinks tech companies.

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Scott Rosenbaum, co-host:Scott Rosenbaum is co-host of Business of Drinks and a veteran strategist and analyst with deep experience building drinks portfolios. He currently serves as North America Search Manager at Distill Ventures. He was formerly the Vice President of T. Edward Wines & Spirits, a New York-based importer and distributor.

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Caroline Lamb, contributor:Caroline is a producer and on-air contributor at Business of Drinks and a key account sales and marketing specialist at AHD Vintners, a Michigan-based importer and distributor.

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Instagram @borkaline

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