Libation Law Blog

Alcoholic Beverage and Cannabis Regulatory and Legal Updates

Maryland court rejects control test in interpreting whether a company is a “successor brewer” under beer franchise fair dealing act allowing termination of distribution agreement.

Beer / Beer Franchise Laws / Brewery / Distribution / Distribution Agreements / Wholesalers
May 12, 2021

Beer wholesaler Frederick P. Winner, Ltd., sued Pabst Brewing Co. over Pabst’s termination of...

In denying out-of-state retailers the right to ship to Missouri residents, 8th Circuit questions whether Courts should allow dormant Commerce Clause challengers to put on evidence.

Beer Franchise Laws / Commerce Clause / Regulations / Retailers / Statutes
April 5, 2021

One of the recent in the battle over out-of-state retailer shipping: Sarasota Wine Market...

CANarchy wins challenge to Texas ABC statute over limits on brewery production sizes for direct from taproom “beer-to-go” sales based on a statutory construction resulting from poor legislative drafting.

Beer
February 22, 2021

CANarchy brought two challenges to the Texas Alcoholic Beverage Code’s 225,000 barrel cap on...

Bacardi USA Bombay Winn-Dixie Grains of Paradise Lawsuit - Illinois liquor lawyer Chicago liquor lawyer

Here’s the oral argument audio in the Bacardi grains of paradise preemption case.

Beer / Brewery / Craft Beer / Craft Distiller / Distilled Spirits / Distillery / FDA / Regulations / Sales / Wine
February 10, 2021

You can read about this case in our previous posts on it here, and...

Illinois passes liquor control act amendments to clarify and expand in-state delivery and shipping rights for retail liquor licensees (stores, bars, etc.)

Bars / Illinois Liquor Control Commission / Retailers / Tavern
January 20, 2021

Illinois Senate Bill 54 from the state legislature’s last session had a long and...

SCOTUS denies Cert. in Lebamoff 6th-Circuit wine retailer shipping case.

Commerce Clause / Retailers / Wine
January 11, 2021

This morning, the United States Supreme Court denied the petition for certiorari filed by...

Big Six generic for wine trademark illinois chicago liquor license lawyer attorney

Winery raising funds without allegedly disclosing that it hadn’t received licensure yet nets ex parte cease-and-desist order from state regulators. A cautionary lesson for wineries, breweries, and distilleries raising start-up capital.

Brewery / Distillery / Vineyard / Wine
January 5, 2021

The Vermont Department of Financial Regulation recently issued an ex parte cease-and-desist order to...

Last day for bars and restaurants (and others) to apply for round-2 Illinois Business Interruption Grants h/t to the Hospitality Business Association of Chicago (links included)

Beer
December 14, 2020

Just got an important reminder from the Hospitality Business Association of Chicago. Today is...

Out-state Illinois Winery Shipper’s licensees’ must remit state and local taxes on direct-to-consumer wine sales come January 1. Note: collecting local taxes proves taxation is not a reason to argue against retailers’ interstate commerce in alcohol.

Illinois Liquor Control Commission / Taxes / Vineyard / Wine
December 8, 2020

The country-spanning impact of South Dakota v. Wayfair just hit the Illinois direct-to-consumer wine...

Brizzy v Vizzy Seltzer Suit against Molson Coors

A welcome opinion based on common sense trademark analysis as Molson Coors wins fizzy hard seltzer name argument against Brizzy maker at 5th Circuit.

Hard Seltzer / Suits / Trademark
December 7, 2020

The saga over “fizzy” named hard seltzers Brizzy and Vizzy added another chapter in...

Massachusetts cannabis home delivery language is a model for other states.

Cannabis / Marijuana / Retailers / Statutes
December 3, 2020

On Monday the Massachusetts Cannabis Control Commission voted to approve language finally rolling out...

States’ measures to favor in-state residents in cannabis licensing are the new Commerce Clause battleground.

Cannabis / Commerce Clause / Illinois Cannabis / Statutes / Suits
December 2, 2020

Back in May of this year the Commerce Clause provided a substantial victory for...

Alcoholic Beverage and Cannabis Regulatory and Legal Updates

Maryland court rejects control test in interpreting whether a company is a “successor brewer” under beer franchise fair dealing act allowing termination of distribution agreement.

In denying out-of-state retailers the right to ship to Missouri residents, 8th Circuit questions whether Courts should allow dormant Commerce Clause challengers to put on evidence.

CANarchy wins challenge to Texas ABC statute over limits on brewery production sizes for direct from taproom “beer-to-go” sales based on a statutory construction resulting from poor legislative drafting.

Here’s the oral argument audio in the Bacardi grains of paradise preemption case.

Illinois passes liquor control act amendments to clarify and expand in-state delivery and shipping rights for retail liquor licensees (stores, bars, etc.)

SCOTUS denies Cert. in Lebamoff 6th-Circuit wine retailer shipping case.

Winery raising funds without allegedly disclosing that it hadn’t received licensure yet nets ex parte cease-and-desist order from state regulators. A cautionary lesson for wineries, breweries, and distilleries raising start-up capital.

Last day for bars and restaurants (and others) to apply for round-2 Illinois Business Interruption Grants h/t to the Hospitality Business Association of Chicago (links included)

Out-state Illinois Winery Shipper’s licensees’ must remit state and local taxes on direct-to-consumer wine sales come January 1. Note: collecting local taxes proves taxation is not a reason to argue against retailers’ interstate commerce in alcohol.

A welcome opinion based on common sense trademark analysis as Molson Coors wins fizzy hard seltzer name argument against Brizzy maker at 5th Circuit.

Massachusetts cannabis home delivery language is a model for other states.

States’ measures to favor in-state residents in cannabis licensing are the new Commerce Clause battleground.

Liquor and Cannabis Law and News From @AshleyWBrandt

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