Libation Law Blog

Alcoholic Beverage and Cannabis Regulatory and Legal Updates

Texas bans liquor licenses for retail sales by public corporations illinois liquor lawyer

Federal Appeals Court reverses Walmart’s Commerce Clause win against Texas’s ban on public corporations holding liquor store licenses. Walmart requests en banc hearing.

Commerce Clause / Distilled Spirits / Licensing and Permits / Opinions / Regulations / Retailers / Sales / Statutes / Suits
September 19, 2019

A three judge panel of the 5th Circuit ended Walmart’s recent Commerce Clause triumph....

Winery Cidery bonded transfer of wine bonded transfer of cider preemption Illinois liquor lawyer

Is it regulating manufacturing, or the sale to consumers? Michigan court refuses to enjoin law that prohibits a winery/cidery receiving a bonded transfer from selling the transferred wine/cider to consumers without further processing.

Cider / Distillery / Opinions / Regulations / Statutes / Suits / Vineyard / Wine / Winemaking
September 18, 2019

A mischaracterization of what a Michigan statute regulates and what rights of a winery/cidery...

Alcohol trade practice regulation opinion tied house regulations discounting alcohol pricing Illinois liquor lawyer

Washington State appeals court overturns some trade practice regulations regarding price differentials to retailers. Court’s justification in favor of volume discounts may be helpful in challenging similar regulations in other states.

Distilled Spirits / Regulations / Retailers / Sales / Statutes / Suits / Wine
September 17, 2019

In a blow against some restrictive trade practice regulations Washington’s Court of Appeals recently...

Court rules Patagonia’s lawsuit against Anheuser’s “Patagonia” beer can proceed. Plus pictures to let you decide how you feel about this.

Advertising / Beer / Brewery / Brewing / Labeling / Suits / Trademark
September 16, 2019

Patagonia’s (the clothing maker) lawsuit against Anheuser Busch will proceed following a finding that...

Center for Food Safety’s report on testing and labeling Hemp CBD products is a welcome beginning to transparency and truth for a largely unregulated industry.

CBD / Labeling
September 13, 2019

The Center for Food Safety a national no-profit public interest and environmental advocacy organization...

Vineyard sues cannabis cultivator Oregon RICO Illinois cannabis lawyer

Don’t get your marijuana smell on my grapes, it ruins the wine. Vineyard will have its day in court against neighboring cannabis grower.

CBD / Craft Growers / Hemp / Illinois Cannabis / Marijuana / Opinions / Regulations / Sales / Suits / Vineyard
September 12, 2019

This case is interesting because other recent attempts by neighbors of cannabis growers to...

Commerce Clause Challenge to wine importing laws liquor Laws residency requirement for liquor license Chicago Liquor license attorney

Court dismisses Commerce Clause challenge to California’s requirements for out-of-state wine importers and wholesalers for lack of clarity on what the challengers were complaining about.

Brewery / Cider / Distilled Spirits / Import / Export / Licensing and Permits / Opinions / Regulations / Retailers / Sales / Statutes / Suits / Vineyard / Wine / Winemaking
September 11, 2019

A Florida based wine importer, Orion Wine Imports, LLC and its owner brought an...

Alcohol Advertising First Amendment Missouri alcohol advertising restrictions chicago liquor attorney

8th Circuit sets argument in 1st Amendment challenge to Missouri’s alcohol advertising statutes and advertisers file brief challenging lazy arguments about reasons for restrictions on alcohol advertising.

Advertising / Beer / Brewery / Brewing / Brewpub / Cider / Craft Beer / Distilled Spirits / Distillery / Distilling / Regulations / Retailers / Sales / Statutes / Suits / Vineyard / Wine / Winemaking
September 10, 2019

One of our favorite alcohol advertising cases is finally progressing again. The 8th Circuit...

Liquor law Antitrust liquor law chicago liquor attorney illinois beer law Post and hold law

2nd Circuit judges dissent in failure to have full court hearing over antitrust problems with alcohol wholesaler “post and hold” pricing laws. The “hold” is the problem.

Opinions / Regulations / Retailers / Sales / Statutes / Suits / Wholesalers
September 9, 2019

You’d be hard pressed to find a stronger condemnation of the failure to hold...

7th Circuit breathes new life into small U.S. brewer’s suit against Molson and Anheuser over damages for anticompetitive practices in Ontario.

Beer / Brewery / Craft Beer / Import / Export / Opinions / Retailers / Sales / Statutes / Suits
September 6, 2019

The 7th Circuit has reversed and remanded a district court’s dismissal of a small...

Wine Fraud - Wine attorney Illinois wine attorney Illinois wine lawyer

10th Circuit decision on lack of insurance coverage for wine collection means taking inventory and ensuring off-site purchased and stored collectible wines, spirits and beer may be best bet to ensure you’ll have coverage in case of a loss.

Beer / Distilled Spirits / Fraud / Opinions / Wine
September 5, 2019

A “Ponzi scheme for wine” – that’s how the government summarized the operations of...

Craft beer advertising Beer Advertising False Advertising suit Chicago beer attorney Chicago liquor lawyer Illinois liquor attorney Chicago advertising lawyer

Briefing done in MillerCoors – Anheuser appeal and oral argument set. Bonus: We’ve got the briefs for you. And in the ongoing trial court case – Anheuser loses right to use “no corn syrup” packaging.

Advertising / Beer / Brewery / Brewing / Suits
September 4, 2019

Our last update on the ongoing corn syrup saga was that MillerCoors had appealed...

Alcoholic Beverage and Cannabis Regulatory and Legal Updates

Federal Appeals Court reverses Walmart’s Commerce Clause win against Texas’s ban on public corporations holding liquor store licenses. Walmart requests en banc hearing.

Is it regulating manufacturing, or the sale to consumers? Michigan court refuses to enjoin law that prohibits a winery/cidery receiving a bonded transfer from selling the transferred wine/cider to consumers without further processing.

Washington State appeals court overturns some trade practice regulations regarding price differentials to retailers. Court’s justification in favor of volume discounts may be helpful in challenging similar regulations in other states.

Court rules Patagonia’s lawsuit against Anheuser’s “Patagonia” beer can proceed. Plus pictures to let you decide how you feel about this.

Center for Food Safety’s report on testing and labeling Hemp CBD products is a welcome beginning to transparency and truth for a largely unregulated industry.

Don’t get your marijuana smell on my grapes, it ruins the wine. Vineyard will have its day in court against neighboring cannabis grower.

Court dismisses Commerce Clause challenge to California’s requirements for out-of-state wine importers and wholesalers for lack of clarity on what the challengers were complaining about.

8th Circuit sets argument in 1st Amendment challenge to Missouri’s alcohol advertising statutes and advertisers file brief challenging lazy arguments about reasons for restrictions on alcohol advertising.

2nd Circuit judges dissent in failure to have full court hearing over antitrust problems with alcohol wholesaler “post and hold” pricing laws. The “hold” is the problem.

7th Circuit breathes new life into small U.S. brewer’s suit against Molson and Anheuser over damages for anticompetitive practices in Ontario.

10th Circuit decision on lack of insurance coverage for wine collection means taking inventory and ensuring off-site purchased and stored collectible wines, spirits and beer may be best bet to ensure you’ll have coverage in case of a loss.

Briefing done in MillerCoors – Anheuser appeal and oral argument set. Bonus: We’ve got the briefs for you. And in the ongoing trial court case – Anheuser loses right to use “no corn syrup” packaging.

Contact Ashley W. Brandt

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