Farm wineries’ 8th Circuit Commerce Clause case challenges a state licensing law requiring their wines contain a majority of in-state grapes. BONUS: We’ve got the briefs and oral argument for you.
Latest from Libation Law Blog
*UPDATE* – Illinois bill allowing craft distillers greater freedom, self-distribution, and distilling “pubs” passes State House and on its way to State Senate.
Illinois craft brewers could get welcome relief if new bill amending Illinois Beer Industry Fair Dealing Act passes with reforms for craft beer distribution agreements.
Illinois may finally be getting a growler law – and bars will be able to fill growlers. Here’s what you might want to know about it.
Here’s the complaint Patagonia filed against Anheuser-Busch over their new “Patagonia” Beer
Yesterday’s Illinois Appellate Court BIPA ruling means Illinois employers need to check their employee arbitration agreements and amend them to explicitly cover privacy claims.
Even the dead have publicity rights. Don’t put images of famous people on your labels without their permission… or their estate’s.
Idaho passes new contract brewing law. It may be of interest to those lobbying to get one in other states.
State regulators, brewers, vintners and distillers benefit from clear and precise laws detailing functions and rights like contract brewing and custom crush arrangements.
Idaho recently took a step that other brewers looking for clarifying legislation may find helpful in crafting their own state statutes.
The state defined contract brewing through providing definitions of the two parties to such an arrangement:
(d) “Contractee brewer” means a brewer producing fewer than thirty thousand (30,000) barrels of beer in aggregate annually, including any beer manufactured outside the state of Idaho, that enters into a contractual relationship with another brewer to produce beer on…
Concerned about CBD regulation? Care about false advertising of CBD products? Get ready for the May 31 FDA hearing on cannabis.
The FDA will hold a May 31, 2019 public hearing to give stakeholders an opportunity to provide the FDA with additional input relevant to the Agency’s regulatory strategy related to existing products, as well as the lawful pathways by which appropriate products containing cannabis or cannabis-derived compounds (including CBD) can be marketed. With a goal of understanding how the FDA can make those legal pathways more predictable and efficient.
Industry members, stakeholders, and others interested in cannabis related products and regulations may provide the FDA the comments and can even ask to make a presentation at the hearing but must…
Can calling your product “local” on advertising or packaging give your competitors a claim against you for false advertising and unfair competition if you don’t meet their definition of “local”?
What’s in a geographic descriptor? Would advertising implying a connection to Hawaii, say, be actionable if a craft beer, craft spirits, or wine isn’t made in Hawaii? What about Japan? You’ll have to ask Kona and Asahi about those issues, but what about saying something like “local” to describe your product when you’re not made in the state where you’re using that language? Turns out that can cost you.
Bimbo Bakeries recently took U.S. Bakery to task for false advertising and trade secret claims. The primary issue we’re concerned with here is that Bimbo accused US of falsely advertising that…
Initial briefs filed in Mississippi direct wine shipping case. BONUS – we’ve got the briefs for you.
The ongoing dispute in Mississippi between the state’s Attorney General and several companies that take orders from Mississippi residents and ship wine to them is off to the races on its appeal. News outlets have reported about this case. The Mississippi legislature has even introduced a bill looking to finally allow shipping (even in-state retailers can’t ship to Mississippi residents under their current alcohol regulatory framework).
While the initial case was about Mississippi enforcing alcohol laws regarding shipping wine (craft beer and liquor retailers do this too, but they weren’t the target of Mississippi officials), after the ruling of…
Ignoring the circling Byrd, Court denies Missouri citizens the right to receive direct wine shipments from out-of-state retailers citing Southern Wine and Spirits precedent
Back in November we wrote about the recent 7th circuit decision in Lebamoff v. Rauner reversing a District Court decision refusing to consider whether restricting out of state alcoholic beverage retailers from shipping to Illinois customers violated the commerce clause where Illinois allows Illinois sited wine, craft beer and spirits retailers to ship directly to Illinois consumers. A classic commerce clause question that, but for the fact that it involves alcohol, would be resolved in the out of state retailers’ favor under current Commerce Clause jurisprudence.
In applying Granholm v. Heald and rendering decisions in its wake, some circuits chose…
Expansion coming to Illinois brewpub rights (but not contract brewing) as brewpub brewing limit sharing bill passes Illinois House.
An improvement for Illinois brewpub operators from Chicago to Effingham just passed the Illinois House and is on its way to the Senate. HB 3610 amends the Illinois Liquor Control Act’s brewpub provisions (specifically, 235 ILCS 5/5-1(n)).
The new law allows wholly owned and operated Illinois brewpubs (same licensee) to both combine their production limits to spread them across facilities (155,000 gallons are the current production limits per brewpub whether you’re in Chicago and serving liquor under a Chicago tavern license like a bar or whether you’re in Peoria, Illinois). This would allow a small brewpub and a…
Gauntlet down. MillerCoors files for preliminary injunction against Anheuser corn syrup ads alleging Anheuser DOES use high-fructose corn syrup in “some” of its malt beverages.
MillerCoors beats Stone’s preliminary injunction and attempt to dismiss MillerCoors counterclaims. So Stone releases statement saying it’s a good thing…
Illinois updates proposed bill to allow craft distillers self-distribute, increase craft spirits production limits, sell other kinds of alcohol in “distilling pubs,” and warehouse off premises
If special interests don’t try to kill the bills, Illinois could soon allow craft distillers to self-distribute and increase the allowable gallonage limits for craft spirits under the craft distillers license.
The most recent version of the House Bill introduced yesterday, HB 2674, a companion Senate Bill is 1190, would amend the Illinois Liquor Control Act and create Class 1 and Class 2 Craft Distillers licenses, a craft spirits Craft Distiller Warehouse Permit, and a craft based Distilling Pub.
Under the proposed Class 1 Craft Distillers license, a Class 1 craft distillery in Illinois would be allowed to…