The Sixth Circuit held the oral argument yesterday in the dispute between Southern Glazer’s and two craft brewers (Great Lakes Brewing and Boston Beer Company) looking to terminate their distribution relationship. You can listen to the argument here: We’ve written about this case a few times here and here noting that it is an […]
Category Archives: Brewery
May
04
Oral Argument Audio Available in Craft Brewers’ Franchise Dispute Over Distribution Termination In Ohio
posted by Ashley Brandt
May
03
Nevada Case Questions How Egregious Distributor Behavior Has To Be To Amount To Good Cause For Termination of Franchise Rights
posted by Ashley Brandt
Franchise laws enslaving brewers to distributors often have vaguely worded “good cause” terms allowing a brewer to terminate a relationship when this beneficently named justification exists. A frequent criticism of these statutes is that when a distributor has acted in a fashion that would allow for termination under regular contract principles, these laws force brewers […]
April
24
Millercoors Wins “Not From Australia” Lawsuit Over Claims That Foster’s Marketing Misleads Drinkers
posted by Ashley Brandt
In one of latest wins for brewers against deceptive labeling lawsuits brought against domestically made beers over branding that arguably conveys they are imported, Millercoors has scored a win for its Foster’s brand against a putative class action looking to cash in against the company. The lawsuit (you can read the amended complaint here) alleged that […]
April
14
North Carolina Proposes Some Common-Sense Amendments to Modernize Its Brewing Laws That Advance Rights for Craft Brewers In the Face of Changing Times
posted by Ashley Brandt
Jim Koch (of Boston Beer fame) wrote an excellent polemic for the New York Times last week questioning some American attitudes towards beer. A salient point from that article was that many state distribution laws developed over time from the end of prohibition and haven’t been updated since the 1970’s. These distribution statutes were created […]
March
29
Example Agreements: Spirits Manufacturing Agreement (Licensing) – Contract Distilling With Enhanced “Flash” Aging
posted by Ashley Brandt
This recent dispute between a distiller and a company looking to contract manufacture a whiskey called Rattleback Rye has resulted in an opinion from a federal district court in South Carolina denying a motion to dismiss based on breach of contract grounds against both the company and its principals, but granting dismissal of claims for […]
March
28
Anheuser Wins Again Pursuing Claims Against Ex-Employee Associated With Alcohol Content False Advertising Suits
posted by Ashley Brandt
In case you don’t remember, back in 2013 we shed some light on a series of class action lawsuits that were filed against Anheuser (AB InBev) alleging that water was added to beer to produce an alcohol content lower than what was stated on the labels. The claims of the initial lawsuits quickly shrunk from […]
March
24
Craft Brewers Need to Watch This Texas Dispute Over Getting Money From Wholesalers For Selling Distribution Rights – State Files Opening Brief in Appeal of Challenge to Texas Brewer’s Ability to Sell Their Distribution Rights for Payment
posted by Ashley Brandt
It used to be that brewers signed with wholesalers and gave up their self-distribution rights and didn’t get any money for them. Then some enterprising brewers realized that wholesalers sue each other and brewers for the value of those rights so the rights must have value. They started asking for payment when they signed with […]
March
17
Bud Light Lime Lime-a-Rita not False Advertising Says – 9th Circuit … Compared to a Fictional Budweiser Lime-a-Rita or a Margarita
posted by Ashley Brandt
The 9th Circuit has upheld the District Court decision dismissing the false advertising case against Anheuser for Bud-Light Lime Lime-a-Rita. For those not familiar with this false advertising lawsuit, consumers brought claims against Anheuser alleging that the use of the work “Light” in the Bud Light Lime Lime-a-Rita name was misleading because the alcoholic beverages […]
