Category Archives: Brewing

August 22

Here’s Why Copper is OK for Brewing Equipment But Not for Your Moscow Mule

Apparently amateur chemistry isn’t for everyone.  Especially not the thousands of mixologists and bartenders across the world who’ve been recommending and serving Moscow Mules in mugs with copper interior coming into contact with the acidic drink.  Potentially poisoning drinkers in trendy restaurants from Portland to … Portland.   The Iowa Alcoholic Beverages Commission recently reminded everyone […]

May 11

Dissent In Texas Three-Tier Case Contains Powerful Indictment Of Strict Enforcement Of Cross-Tier Ownership

As you all probably have heard, in Cadena Commercial v. Texas Alcoholic Beverage Commission, the Texas Supreme Court recently weighed in on the Texas Alcoholic Beverage Commission’s decision to deny a license for retail sales to a group of convenience stores that wanted to sell alcohol because through a chain of ownership, one of the […]

May 03

Nevada Case Questions How Egregious Distributor Behavior Has To Be To Amount To Good Cause For Termination of Franchise Rights

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

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 […]

March 30

Online Wine Retailer Wins Case Against False Claims Assertions Over Failure to Collect Local Taxes For Sales

In a recent win for online wine retailers (not wineries selling direct), the Illinois appellate court has upheld the dismissal of an action against online wine retailer Winetasting.com alleging it violated Illinois’ False Claims Act (740 ILCS 175) in failing to collect and pay the local retailer’s occupation tax for the municipality where the wine […]

March 29

Example Agreements: Spirits Manufacturing Agreement (Licensing) – Contract Distilling With Enhanced “Flash” Aging

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 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

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 16

This Spuds Not For You – Anheuser Gets Sued By Putative Owner of Spuds MacKenzie Claiming Anheuser Abandoned Spuds MacKenzie

You read that right.  They created him, they used him, and now, they may have waited too long in between uses to be able to claim they have the rights to him.  This lawsuit (link to complaint), filed yesterday in the Southern District of New York by Spuds Ventures. The lawsuit alleges that the recent […]