• Loading stock data...
Saturday, February 21, 2026

Alcohol, Betting NIL Deals Fair Game for Some Athletes

  • Some state laws and school rules allow athletes to partner with companies the NCAA considered “taboo.”
  • There’s clearly a market in the NIL industry for 21+ companies like alcohol brands and gambling operators, even if it isn’t legal for long.
Photo: Brian Burkard/Design: Alex Brooks

In recent years, schools have begun striking deals with companies the NCAA considered “taboo,” like alcohol companies and sports betting operators.

Now, some state NIL laws and school rules allow athletes to do NIL deals with these types of companies, too.

The NCAA tried to stop this, but the Alston ruling made it illegal for the governing body to institute any strict NIL rules — including prohibiting brands in certain categories from participating.

Already, a couple deals have surfaced. FAU quarterback N’Kosi Perry signed with a local brewery called Islamorada Beer Company. MaximBet, a sports betting operator that just set up shop in Colorado, has offered a deal to every 21+ women’s sports athlete in the state.

“We are big supporters of NIL,” Doug Terfehr, VP of Brand and Communications at MaximBet, told FOS. “We do believe it’s been long overdue. We do think the accessibility of all categories that are available for colleges to sell, and be able to have a partner for, should be available to the student-athlete as well.”

Home Run for Everyone?

All parties can benefit from these deals — even if some consider them controversial. “It’s just a matter of everyone playing ball,” sports attorney and New York Law School professor Dan Lust told FOS.

Islamorada’s co-founder and VP of Business Development, Jose Herrera, has long admired Perry. The NIL deal gives Herrera the chance to support Perry financially and hopefully get some press in the community where he sells beer.

Since the current deals are considered the first of their kind, they also provide national publicity, Lust said. The attention from being “first” has given Herrera a chance to show distributors that name recognition for Islamorada extends beyond Florida.

Similarly, MaximBet just launched in Colorado — and the company wanted to make a splash by enlisting an army of local athletes to introduce them to the state. “We really wanted to connect with the community and get their attention,” Terfehr said.

They also can create a potential recruiting advantage for schools that allow athletes to do deals with companies others don’t. “These are billion-dollar industries,” Lust said. “Maybe that makes [a school] that much more attractive to a competitor in the same conference or the same city.”

Responding to the Haters

Not all the publicity is positive, of course. Some critics say college athletes shouldn’t be allowed to associate themselves with “banned” substances and gambling companies — even if they are 21.

Both brands pointed to their emphasis on responsible use of their products and their marketing strategy, however. 

Perry is “not a big drinker,” Herrera said. “Yes, we are sponsoring a college athlete. But that college athlete is also promoting … ‘drink responsibly.’ He’s not out there chugging beers.” 

And Islamorada’s campaign isn’t targeting college students, Herrera said. They “drink cheap beers,” Herrera said. “We’re a high-end craft … We’re just getting out here for the fans.”

MaximBet structured their partnership so that athletes aren’t “incentivized to get sign-ups,” Terfehr said. Instead, they’re tasked with promoting the lifestyle side of the brand and the events it hosts.

An Uncertain Future

There’s clearly a market in the NIL industry for 21+ companies — even if it isn’t legal for long.

MaximBet has gotten “interest” from athletes in all three divisions, and “compliance teams have been very open to the relationship,” Terfehr said. They’ve also received inquiries from 21+ male athletes in and out of Colorado. Islamorada is working on signing a female athlete.

But there are two remaining hang-ups.

First, the definition of “taboo” isn’t even clearly defined. A wave of athletes have signed up to partner with Barstool, for example — which is partially owned by Penn National Gaming. Some schools have deemed it acceptable, while others said its ties to sports betting disqualify it from partnering with their athletes.

Major companies, like Bud Light and DraftKings, haven’t jumped in yet. Lust said many of them are still in wait-and-see mode, whether they’re considered “taboo” or not. “Big players are waiting to see what federal mandate comes down.”

It’s unclear when Congress might finally pass a law or what might be in it — but officials are still asking to ban these kinds of companies from NIL deals.

Tips? Comments? Reach out to Amanda Christovich at amanda@fos.company or on Twitter.

Linkedin
Whatsapp
Copy Link
Link Copied
Link Copied

What to Read

[Subscription Customers Only] Jul 13, 2025; East Rutherford, New Jersey, USA; Chelsea FC midfielder Cole Palmer (10) celebrates winning the final of the 2025 FIFA Club World Cup at MetLife Stadium

Soccer’s ‘Crown Jewels’ Are Devouring Smaller Clubs

Mega conglomerates are feeding a big business machine. Fans are furious.
Tennessee quarterback Joey Aguilar (6) pulls back for the throw during the Music City Bowl NCAA college football game against Illinois on Dec. 30, 2025, in Nashville, Tennessee.

Judge Denies Tennessee QB Joey Aguilar Another Year of NCAA Eligibility

The ruling has implications for the NCAA’s overall eligibility fight.

Epstein Files Fallout Spreads to College Sports Buildings

Football facilities at UCLA and Ohio State are named for Epstein-tied donors.
Feb 10, 2026; Cortina d'Ampezzo, Italy; Cory Thiesse and Korey Dropkin of the United States during the curling mixed doubles gold medal game during the Milano Cortina 2026 Olympic Winter Games at Cortina Curling Olympic Stadium

Curling Clubs Are Swept Up in Olympics Fever. Can It Last?

Every four years, organizations field an influx of curling-curious patrons.

Featured Today

Max Valverde by Ron Winsett

How Ski Mountaineering’s Hype Man Went From TikTok to NBC

Max Valverde’s gushing over the niche sport vaulted him to Olympic broadcaster.
Feb 11, 2026; Livigno, Italy; Jaelin Kauf of the United States during freestyle skiing women's moguls final during the Milano Cortina 2026 Olympic Winter Games at Livigno Aerials & Moguls Park
February 13, 2026

The Surprise Hit of the Winter Olympics: First-Person Drone Views

Tiny drone cameras have reshaped the Olympics viewing experience.
Feb 11, 2026; Milan, Italy; Madison Chock and Evan Bates of the United States skate during the Milano Cortina 2026 Olympic Winter Games at Milano Ice Skating Arena.
February 13, 2026

Olympic Figure Skaters Pay Out of Pocket for $9,000 Costumes

For four minutes on ice, stakes are high—and prices even higher.
February 11, 2026

Epstein Emails Show His F1 Ties Ran Deep

The sex trafficker’s circles included many of the biggest names in F1.
Indiana Head Coach Curt Cignetti watches during the College Football Playoff National Championship college football game at Hard Rock Stadium in Miami Gardens on Monday, Jan. 19, 2026.

Curt Cignetti’s New Indiana Deal Is Richest in College Football

The new contract will pay him $13.2 million annually.
February 19, 2026

What Happened to the Group That Promised Sac State $50M in NIL?

The “Sac-12” group says it’s still committed to financially supporting the Hornets.
Kansas Jayhawks guard Darryn Peterson (22) runs baskc after making a 3-pointer during a men's college basketball game between the Oklahoma State Cowboys and the Kansas Jayhawks at Gallagher-Iba Arena in Stillwater, Okla., Wednesday, Feb. 18, 2026.
February 19, 2026

‘Haven’t Seen This Before’: NBA Scout Weighs In On Darryn Peterson’s Early..

Peterson has played 15 games of 26 total this season
Sponsored

From MLS to AUSL: Jon Patricof on Building Sports Leagues

Jon Patricof on athlete equity, fan-first strategy, and how women’s sports can reshape the future of league building.
ASU quarterback Jaden Rashada (5) throws a pass during a spring practice at the Kajikawa practice fields in Tempe on April 16, 2024.
February 18, 2026

Jaden Rashada, Billy Napier Reach Settlement in Lawsuit Over Florida NIL Deal

Rashada’s lawsuit was considered the first of its kind.
February 16, 2026

Kansas State Tries to Use Rant to Avoid Paying Coach $18M Buyout

Tang’s contract says he’s entitled to a $18.7 million buyout.
Sep 16, 2023; Stanford, California, USA; Sacramento State Hornets running back Elijah Tau-Tolliver (25) celebrates after a touchdown during the fourth quarter against the Stanford Cardinal at Stanford Stadium
February 15, 2026

Sacramento State Will Pay $20M+ to Join MAC in FBS

The Hornets have been pushing hard for an FBS invitation.
Ole Miss quarterback Trinidad Chambliss returns to his seat after testifying during the hearing in his lawsuit against the NCAA at Calhoun County Courthouse in Pittsboro, Miss., on Thursday, Feb. 12, 2026. Chambliss is looking for a temporary injunction and a permanent injunction against the NCAA for one more year of eligibility.
February 12, 2026

Mississippi Judge Rules Trinidad Chambliss Can Play Another Year at Ole Miss

It’s the latest result in a flood of NCAA eligibility lawsuits.