A new law in the Golden State, supported by the Insights Association, specifically authorizes alcohol taste testing market research, following years of unofficial guidance and vague legal status.
A.B. 1991 from California Assemblymember Cecilia Aguiar-Curry (D-04) passed the Assembly Governmental Organization Committee on April 8, 2026, the Assembly Appropriations Committee on May 14, the floor of the Assembly on May 21, the Senate Governmental Organization Committee on June 23, the floor of the Senate on August 25, and concurrence on the floor of the Assembly later that same day. California Governor Gavin Newsom (D) signed the bill into law on September 18 as Chapter 282, Statutes of 2026.
According to Assemblymember Aguiar-Curry, the new law “allows our winemakers, brewers, and distillers to better understand their consumers so they can improve their products while making sure these tastings are done responsibly.” Further, it “levels the playing field for all beverage and food businesses while protecting California consumers.”
The California Department of Alcoholic Beverage Control (ABC) had previously allowed such taste testing for market research in limited circumstances, but ceased issuing specific guidance in 2009 on concerns that the ABC lacked the legal authority. This left alcohol manufacturers bereft of the insights needed to improve products, innovate, and stay competitive in global markets, compared to producers in other areas where such basic market research activities were already permitted.
“The Insights Association applauds Assemblymember Aguiar-Curry for working this bill into law. Her efforts have removed the legal uncertainty around alcohol taste testing for research purposes in California,” said Howard Fienberg, Senior VP Advocacy for the Insights Association.
“This new law provides a reasonable solution within the existing legal structures, allowing for bona fide market research to be conducted with strict guardrails and limitations, such as limiting participation to consumers aged 21 and over, ensuring that the tastings are not for purposes of marketing/advertising, and restricting tastings to only regulated premises administered by responsible parties.”
IA had endorsed California A.B. 1991 in the legislature. IA also facilitated local insights professionals to contact their legislators, and then the governor, through the association’s new Action Center in support of the bill.
Carefully-designed taste testing research can deliver essential insights on: why certain types of consumers like or dislike a product; how consumers perceive its properties, including sensory drivers, flavor profile preferences, intensity thresholds, and balance perception; segmentation of consumers; how a brand performs versus its products; how consumers rate the value of a product versus its cost; and more.
New terms - Section 25600.01(a)
New terms would be added, based on existing ones:
- “Appropriate training” means “the Responsible Beverage Service (RBS) training course as defined in Section 25680”: “a course administered by a training provider that is designed to instruct and educate alcohol servers on responsible practices regarding the sale and service of alcoholic beverages that includes, but is not limited to, instruction on the following subjects: (1) The social impact of alcohol. (2) The impact of alcohol on the body. (3) State laws and regulations relating to alcoholic beverage control, including laws and regulations related to driving under the influence. (4) Intervention techniques to prevent the service or sale of alcoholic beverages to underage persons or intoxicated patrons. (5) The development of management policies that support the prevention of service or sale of alcoholic beverages to underage persons or intoxicated patrons.”
- “Responsible persons” are “individuals certified under an RBS training program, as described in Article 4 (commencing with Section 25680)”: “a statewide Responsible Beverage Service training program administered or authorized by the department that provides RBS training courses to licensees and their agents and employees.”
Market research allowed - Section 25600.01 (b)
“A licensed winegrower, licensed beer manufacturer, licensed distilled spirits manufacturer, licensed craft distiller, licensed brandy manufacturer, licensed rectifier, or licensed wine rectifier may furnish tastes of alcoholic beverages as part of a bona fide market research study undertaken by or for the winegrower, beer manufacturer, distilled spirits manufacturer, craft distiller, brandy manufacturer, rectifier, or wine rectifier for the sole purpose of measuring consumer perceptions with respect to the sensory characteristics of the alcoholic beverages.”
Conditions required for taste tests of alcoholic beverages - Section 25600.01 (c)
For a taste testing to be conducted, it needs to satisfy “all of the following conditions”:
- “A licensed winegrower, licensed beer manufacturer, licensed distilled spirits manufacturer, licensed craft distiller, licensed brandy manufacturer, licensed rectifier, or licensed wine rectifier” is be required to “strictly adhere to all state, federal, and local statutory and regulatory provisions that apply to furnishing or consumption of an alcoholic beverage.”
- (A) “Only a responsible person qualified by appropriate training” is allowed to “be employed to administer or assist with the taste testing.” (B) “A responsible person, including an interviewer, shall be at least 21 years of age.”
- “A taste testing participant” needs to “be both of the following”: (A) “Over 21 years of age.” (B) “Encouraged to taste only enough alcoholic beverage product to formulate an opinion.”
- The law authorizes monetary incentives for research subject participation, but the alcohol itself, or anything related, cannot be an incentive: (A) “The winegrower, beer manufacturer, distilled spirits manufacturer, craft distiller, brandy manufacturer, rectifier, or wine rectifier” is prohibited by A.B. 1991 from giving “inducement or compensation, other than monetary, to a consumer for participation in the taste testing.” (B) “The monetary payment shall not exceed five hundred dollars ($500) per participant.” (C) “All participants shall receive the same uniform payment for participation on the day of the taste test study.” (D) “The winegrower, beer manufacturer, distilled spirits manufacturer, craft distiller, brandy manufacturer, rectifier, or wine rectifier shall not allow the same person to participate in more than three of the licensee’s taste tests per year pursuant to this section.”
- “With the exception of the winegrower’s, beer manufacturer’s, distilled spirits manufacturer’s, craft distiller’s, brandy manufacturer’s, rectifier’s or wine rectifier’s licensed premises, a winegrower, beer manufacturer, distilled spirits manufacturer, craft distiller, brandy manufacturer, rectifier, or wine rectifier shall not conduct a taste testing in or about any location licensed by the department, or at any location that could be reasonably construed as being associated with a licensed premises.”
- “The taste testing shall not be used as a means or subterfuge for furnishing to consumers alcoholic beverage samples prohibited by this division and the department’s rules.”
- “Data, analyses, or conclusions related to the taste testing” are prohibited from being “used in connection with any advertising or promotional activity.”
- “The identity of the manufacturer and brands, including packaging, advertising, merchandising concepts, and logos, may be disclosed to participants as part of a bona fide market research study.”
- “The winegrower, beer manufacturer, distilled spirits manufacturer, craft distiller, brandy manufacturer, rectifier, or wine rectifier shall maintain records of a taste testing pursuant to this section for a minimum of three years.”
- “Any person who holds a wholesaler or retail license, is an employee or agent of a wholesaler or retailer, or has an ownership interest in a wholesaler or retail license shall not be included in or participate in a taste testing.”
Sunset - Section 25600.01 (d)
The new law sunsets on January 1, 2032, unfortunately, so that the policymakers can evaluate its effectiveness. Thus, IA may need to go back to the legislature to help make the arrangement more permanent.
This information is not intended and should not be construed as or substituted for legal advice. It is provided for informational purposes only. It is advisable to consult with private counsel on the precise scope and interpretation of any laws/regulation/legislation and their impact on your particular business.
About the Author
Based in Washington, DC, Howard is the Insights Association's lobbyist for the marketing research and data analytics industry, focusing primarily on consumer privacy and data security, the Telephone Consumer Protection Act (TCPA), tort reform, and the funding and integrity of the decennial Census and the American Community Survey (ACS).
Howard has more than two decades of public policy experience. Before the Insights Association, he worked in Congress as senior legislative staffer for then-Representatives Christopher Cox (CA-48) and Cliff Stearns (FL-06). He also served more than four years with a science policy think tank, working to improve the understanding of scientific and social research and methodology among journalists and policymakers.
Howard is also co-director of The Census Project, a 900+ member coalition in support of a fair and accurate Census and ACS.
He has also served previously on the Board of Directors for the National Institute for Lobbying and Ethics and and the Association of Government Relations Professionals.
Howard has an MA International Relations from the University of Essex in England and a BA Honors Political Studies from Trent University in Canada, and has obtained the Certified Association Executive (CAE), Professional Lobbying Certificate (PLC) and the Public Policy Certificate (PPC).
When not running advocacy for the Insights Association, Howard enjoys hockey, NFL football, sci-fi and horror movies, playing with his dog, and spending time with family and friends.