Category Archives: Craft Beer

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

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 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 15

Example Agreements: Licensing Your Brand To Create Chackies For Your Distributors and Customers

People love to wear branded stuff.  I accept this as a general truth.  The sooner you accept is as well and offer them the chance to promote your brand for you, the sooner you’ll be getting some free advertising.  They particularly like beer, spirits, and food brands (my awesome Chateauneuf Du Pape shirt notwithstanding).  That […]

March 01

Kona Brewing Sued For Falsely Advertising It’s Made in Hawaii

Kona Brewing prides itself on its Hawaiian origins.  Take a look at that website, even the little lizard has some kind of surfer tattoo.  Back in 2010, the brand sold to Craft Brew Alliance and according to Wikipedia, “Kona Brewing Company brands are also produced at Widmer Brothers Brewery in Portland, Oregon and Redhook Ale […]

February 14

Final Briefs Filed as Craft Brewers’ Fight to Terminate Distribution Agreements in Ohio Rolls On

When last we wrote about the ongoing attempts by Great Lakes Brewing and Boston Beer Company to terminate their distribution arrangements with Souther Glazer’s in Ohio, Great Lakes had just filed its appellate brief looking to overturn the order that the District Court entered forcing it to keep selling to Southern Glazer’s.  The beauty of […]