Texas ABC Takes on Merchandising

Dear Client: It could be the end of excessive retail merchandising as we know it in Texas if retailers and distributors are to follow a new draft "market guidance" from the TABC. In the draft notice, seemingly out of nowhere, the Commission said it decided to "examine" merchandising activities recently, and "determined that the current services being provided to some retailers are excessive and indeed provide an unauthorized thing of value 'service' to a retailer," hence this "market guidance." We