Category: Beer

Court provides stark reminder to liquor and beer distributors about why FOB terms matter: the location of title transfer or sale can determine whether you have franchise protection thanks to the Dormant Commerce Clause.

Beer / Beer Franchise Laws / Brewery / Delivery and Shipping / Distillery / Distribution / Distribution Agreements / Statutes / Suits / Wholesalers
April 20, 2023

In a recent opinion showing the 21st Amendment and state franchise laws must work...

The Illinois Craft Brewers Guild “Beer Omnibus” bill contains some excellent advancements for bars, restaurants, wineries, distilleries and not-for-profits. With commentary.

Bars / Beer / Brewery / Brewpub / Chicago / Distillery / Distribution / Retailers / Statutes / Tavern / Vineyard / Wholesalers / Wine
April 19, 2023

Experience guides the law and the development of workable statutes is no exception to...

Court finds winery and distributor continued discussions sufficient to show intent to extend timing under statute allowing transfer following brand acquisition by new owner.

Beer / Beer Franchise Laws / Distribution / Franchise Laws / Statutes / Suits / Vineyard / Wholesalers
March 21, 2023

In addition to what we generally think of as the “regular” reasons for terminating...

Image of Olympia Beer Can from False Advertising Complaint

Yes, changing your advertising and discontinuing your beverage can make a difference: Court nails coffin shut on Olympia Beer class action over “It’s the Water”

Advertising / Beer / Brewery / Labeling / Suits
July 7, 2022

When last we wrote, things didn’t look so good for Pabst’s Olympia Beer –...

5th Circuit’s pun-filled opinion upholds CANarchy’s right to sell beer to go in Texas because it leases and does not “own” most of its breweries across the country.

Beer / Brewery / Craft Beer / Licensing and Permits / Opinions / Suits
June 22, 2022

When we first wrote about this matter back in February of 2021, it was...

Selling alcoholic beverages in Illinois? Retailers, wholesalers, distilleries, breweries and wineries should get familiar with the soon-to-be new rule regarding alcoholic beverage promotions involving coupons and rebates; scan backs are prohibited.

Advertising / Bars / Beer / Brewery / Chicago / Craft Beer / Craft Distiller / Distilled Spirits / Distillery / Distribution / Regulations / Retailers / Sales / Tavern / Wine / Winemaking
June 20, 2022

Following an initial first-round publication (now edited) and two rounds of comments (here and...

The TTB’s Ten proposed changes that you’ll want to know about regarding: reporting inventory, trade names, beer destruction, tavern premises, ownership and managerial changes, applying for a brewer’s notice, records maintenance, and terminating operations

Beer / Brewery / Regulations / TTB
June 14, 2022

In Notice of proposed rulemaking No. 212 (“Modernization of Qualification Requirements for Brewer’s Notices),...

Maryland high court rules against Pabst and limits “successor brewer” under beer franchise law to different or new licensees finding it does not include change of control through new parent companies

Beer / Beer Franchise Laws / Brewery / Distribution / Statutes / Suits / Wholesalers
June 8, 2022

The Court of Appeals of Maryland has affirmed a lower appellate court’s reversal of...

Craft beer advertising Beer Advertising False Advertising suit

Order entered dismissing remaining issues in Molson Coors (MillerCoors) v. Anheuser false advertising case… yes, that one about the corn syrup ads from 2019.

Advertising / Beer / Brewery / Suits
June 2, 2022

It’s finally over. Back in 2020, the 7th Circuit reversed an injunction that then...

Court finds leaving a territory for 13 years might not be enough to accomplish termination of a beer distribution agreement – but sales and transfer of title outside the state may preclude beer franchise statute application

Beer / Beer Franchise Laws / Brewery / Craft Beer / Distribution / Distribution Agreements / Import / Export / Statutes / Wholesalers
June 1, 2022

Brewers, distillers and vintners should pay attention to a recent ruling about an imported...

Court finds craft brewer’s label protected by free speech, state regulation of label content unconstitutional (yes, it’s Flying Dog… again)

Advertising / Beer / Brewery / Craft Beer / Craft Distiller / Distillery / Labeling / Opinions / Regulations / Suits
May 24, 2022

Flying Dog Brewery has long been known for its Ralph Steadman label artwork. Steadman...

Illinois brewery distillery distilling pub brewpub transfer beer transfer spirits

ILCC Introduces Forms For Brewers, Brewpubs, Distilling Pubs and Distillers to Obtain Approval Before Transferring Between Wholly Owned Operations.

Beer / Brewery / Craft Beer / Craft Distiller / Distilled Spirits / Distillery / Illinois Liquor Control Commission / Regulations / Statutes
November 9, 2021

For the past few iterations of amendments and creations for the Class 1, brewers...

Category: Beer

Court provides stark reminder to liquor and beer distributors about why FOB terms matter: the location of title transfer or sale can determine whether you have franchise protection thanks to the Dormant Commerce Clause.

The Illinois Craft Brewers Guild “Beer Omnibus” bill contains some excellent advancements for bars, restaurants, wineries, distilleries and not-for-profits. With commentary.

Court finds winery and distributor continued discussions sufficient to show intent to extend timing under statute allowing transfer following brand acquisition by new owner.

Yes, changing your advertising and discontinuing your beverage can make a difference: Court nails coffin shut on Olympia Beer class action over “It’s the Water”

5th Circuit’s pun-filled opinion upholds CANarchy’s right to sell beer to go in Texas because it leases and does not “own” most of its breweries across the country.

Selling alcoholic beverages in Illinois? Retailers, wholesalers, distilleries, breweries and wineries should get familiar with the soon-to-be new rule regarding alcoholic beverage promotions involving coupons and rebates; scan backs are prohibited.

The TTB’s Ten proposed changes that you’ll want to know about regarding: reporting inventory, trade names, beer destruction, tavern premises, ownership and managerial changes, applying for a brewer’s notice, records maintenance, and terminating operations

Maryland high court rules against Pabst and limits “successor brewer” under beer franchise law to different or new licensees finding it does not include change of control through new parent companies

Order entered dismissing remaining issues in Molson Coors (MillerCoors) v. Anheuser false advertising case… yes, that one about the corn syrup ads from 2019.

Court finds leaving a territory for 13 years might not be enough to accomplish termination of a beer distribution agreement – but sales and transfer of title outside the state may preclude beer franchise statute application

Court finds craft brewer’s label protected by free speech, state regulation of label content unconstitutional (yes, it’s Flying Dog… again)

ILCC Introduces Forms For Brewers, Brewpubs, Distilling Pubs and Distillers to Obtain Approval Before Transferring Between Wholly Owned Operations.

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