Libation Law Blog

Alcoholic Beverage and Cannabis Regulatory and Legal Updates

Wyoming Supreme Court rules winery’s in-home free promotional tastings where nothing is sold but “offers to purchase” are collected are “sales” and are banned under Wyoming law.

Advertising / Beer / Opinions / Regulations / Sales / Statutes / Suits / Vineyard / Wine / Winemaking
October 31, 2018

You read that right. The Wyoming Supreme Court was recently confronted with a heck...

North Coast Brewing has big win in lawsuit by deceased artist’s wife over use of painting used on Brother Thelonious label.

Advertising / Beer / Brewery / Brewing / Brewpub / Craft Beer / Distillery / Labeling / Opinions / Statutes / Suits / Wine
October 30, 2018

In what can only be a stark reminder to every brewery, distillery, and winery...

Mexico’s Tequila board moves to stop Tequila-like marks – a good reminder that it’s agave if it’s not certified.

Advertising / Beer / Circulars / Craft Beer / Distilled Spirits / Distillery / Distilling / Import / Export / Labeling / Regulations / Standards of Identity / Trademark / TTB / Wine
October 29, 2018

Back in February we reported that a years’ long struggle with Luxco ended favorably...

Kona brewing lawsuit over labeling claims that craft brewer did not make beer in hawaii

Court certifies class action in Kona Brewing “not from Hawaii” false advertising lawsuit – Kona appeals.

Advertising / Beer / Brewery / Craft Beer / Distilled Spirits / Labeling / Opinions / Sales / Suits / Wine
October 26, 2018

We’d previously reported on the Kona Brewing false advertising lawsuit where a Kona purchaser...

Missouri Division of Alcohol and Tobacco Control issues emergency amendment to deal with Missouri Broadcasters ruling invalidating restrictions on advertising alcoholic beverages.

Advertising / Beer / Brewery / Brewpub / Craft Beer / Distillery / Distilling / Opinions / Regulations / Retailers / Sales / Statutes / Suits / Vineyard / Wine
October 25, 2018

The Missouri Division of Alcohol and Tobacco Control has responded to the ruling in...

Michigan court grants stay of injunction forcing Michigan to allow out-of-state retailers to sell wine directly to customers until Supreme Court Decides Byrd.

Beer / Commerce Clause / Direct Shipping / Distilled Spirits / Licensing and Permits / Opinions / Retailers / Sales / Suits / Wine
October 24, 2018

Judge Tarnow has granted a stay of his injunction in the Lebamoff case prohibiting...

Arguments advanced by Plaintiffs in Missouri Broadcasters win invalidating alcohol advertising restrictions on First Amendment grounds provide a path to invalidating similar restrictions in other states. Part 2 of 2

Advertising / Beer / Brewery / Brewing / Brewpub / Distilled Spirits / Distillery / Distilling / Labeling / Opinions / Regulations / Statutes / Suits / Vineyard / Wholesalers / Wine
October 23, 2018

Throughout last week’s series on many of the recent intersections between alcoholic beverages and...

Federal Court finds merit in argument against advertising laws meant to promote three-tiered system; allowing distillers, wineries, and breweries to operate tap rooms or sell at retail on their premises wholly abandons the argument that statute prohibits commingling between three-tiered system.

Advertising / Beer / Brewery / Brewing / Brewpub / Craft Beer / Distilled Spirits / Distillery / Distilling / Distribution / Opinions / Regulations / Retailers / Sales / Statutes / Suits / Vineyard / Wine
October 19, 2018

There’s an interesting bit in Richard Branson’s autobiography, “Losing my Virginity” where he discusses...

9th Circuit rules that restrictions prohibiting payments for alcohol advertising from manufacturers to retailers are lawful in spite of their abridgment of free speech.

Advertising / Beer / Brewery / Brewing / Craft Beer / Distilled Spirits / Distillery / Distilling / Labeling / Opinions / Regulations / Retailers / Sales / Statutes / Suits / Vineyard / Wine
October 18, 2018

We’ve been posting this week about notable First Amendment cases in alcohol advertising and...

How the First Amendment invalidated some of Utah’s alcoholic beverage advertising restrictions that treated liquor and wine different than beer.

Advertising / Beer / Brewery / Brewing / Craft Beer / Distillery / Distilling / Labeling / Opinions / Regulations / Retailers / Statutes / Suits / Vineyard / Wine / Winemaking
October 17, 2018

One last case in our lead-up to two recent First Amendment decisions about alcohol...

Beer and the First Amendment – how Santa’s Butt, a Bad Frog, and a Raging Bitch have helped free expression in liquor labeling and advertising.

Advertising / Beer / Brewery / Brewing / Craft Beer / Distillery / Distilling / Labeling / Opinions / Regulations / Sales / Suits / Vineyard / Wholesalers / Wine
October 16, 2018

This week we’ve been writing about the beauty that is the intersection of alcoholic...

How a handful of liquor stores used the First Amendment to invalidate blanket state restrictions on advertising alcoholic beverage pricing in print and media.

Advertising / Beer / Brewery / Brewing / Brewpub / Craft Beer / Distilled Spirits / Distillery / Distilling / Labeling / Opinions / Regulations / Retailers / Sales / Statutes / Suits / Vineyard / Wholesalers / Wine / Winemaking
October 15, 2018

As part of our ongoing series regarding the First Amendment and alcoholic beverage advertising...

Alcoholic Beverage and Cannabis Regulatory and Legal Updates

Wyoming Supreme Court rules winery’s in-home free promotional tastings where nothing is sold but “offers to purchase” are collected are “sales” and are banned under Wyoming law.

North Coast Brewing has big win in lawsuit by deceased artist’s wife over use of painting used on Brother Thelonious label.

Mexico’s Tequila board moves to stop Tequila-like marks – a good reminder that it’s agave if it’s not certified.

Court certifies class action in Kona Brewing “not from Hawaii” false advertising lawsuit – Kona appeals.

Missouri Division of Alcohol and Tobacco Control issues emergency amendment to deal with Missouri Broadcasters ruling invalidating restrictions on advertising alcoholic beverages.

Michigan court grants stay of injunction forcing Michigan to allow out-of-state retailers to sell wine directly to customers until Supreme Court Decides Byrd.

Arguments advanced by Plaintiffs in Missouri Broadcasters win invalidating alcohol advertising restrictions on First Amendment grounds provide a path to invalidating similar restrictions in other states. Part 2 of 2

Federal Court finds merit in argument against advertising laws meant to promote three-tiered system; allowing distillers, wineries, and breweries to operate tap rooms or sell at retail on their premises wholly abandons the argument that statute prohibits commingling between three-tiered system.

9th Circuit rules that restrictions prohibiting payments for alcohol advertising from manufacturers to retailers are lawful in spite of their abridgment of free speech.

How the First Amendment invalidated some of Utah’s alcoholic beverage advertising restrictions that treated liquor and wine different than beer.

Beer and the First Amendment – how Santa’s Butt, a Bad Frog, and a Raging Bitch have helped free expression in liquor labeling and advertising.

How a handful of liquor stores used the First Amendment to invalidate blanket state restrictions on advertising alcoholic beverage pricing in print and media.

Contact Ashley W. Brandt

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