Grapes get a vintage. Apples get a labeling restriction. Garden Path’s challenge to TTB’s cider rules ended over administrative exhaustion, leaving the First Amendment question unanswered. The filings offer lessons for producers seeking to put truthful harvest-year information on their labels.
Judge Sunshine Sykes takes on the Fifth Circuit’s approach to cannabis advertising and the First Amendment. Her thoughtful preliminary injunction opinion examines the same-sovereign theory, consumers’ rights to commercial information, and why federal cannabis prohibition should not automatically end the constitutional inquiry. Read the opinion, appellate briefs, and access the Ninth Circuit oral argument.
An Omaha cocktail bar’s barber-shop theme attracted a licensing challenge. We examine the preliminary-injunction ruling and explain why a name, a barber pole, and themed décor deserve a closer First Amendment analysis.
Missouri allowed drink discounts while restricting ads that told consumers about them. The Missouri Broadcasters litigation shows suppliers and distributors how to question unsupported advertising restrictions—and build a First Amendment challenge.
