States defending local alcohol privileges often try to draft around the dormant Commerce Clause with a delivery distinction. They do not always write that only in-state breweries, wineries, or distilleries may ship. Instead, they create a delivery, shipping, self-distribution, or
Ashley Brandt
Answering the need for more accessible libation legal information, Ashley Brandt started the Libation Law Blog with the hope to address real questions for real food and beverage clients. Located in Chicago, Ashley’s belief in readily available information drives the blog and his law practice out of Goldstein & McClintock.
Website:
https://libationlawblog.com/
IDOR’s Proposed Liquor Tax Overhaul: A Return to the Same Unconstitutional Scheme the Illinois Supreme Court Already Struck Down
Illinois liquor distributors, importing distributors, manufacturers, RTD cocktail producers, and alcohol brand owners should be paying close attention to the Illinois Department of Revenue’s proposed amendments to 86 Ill. Adm. Code 420.
Illinois HB 5784 Would Kill Hemp THC Beverages Early
If you sell, distribute, manufacture, or simply enjoy hemp-derived THC beverages in Illinois, the clock may be ticking faster than you think.
On May 20, 2026, Rep. Will Guzzardi, joined by Justin Slaughter, Bob Morgan, Kevin John Olickal, Lisa Davis,…
Maine Forced Tito’s Into a State Warehouse — Then Taxed It for Being There
The Maine Supreme Judicial Court’s decision in State Tax Assessor v. Fifth Generation, Inc., 2026 ME 30, should get the attention of beer, wine, and spirits manufacturers, importers, and distributors. The case involved Fifth Generation, Inc., the Texas-based S…
The Sky Did Not Fall: Supreme Court Denies Cert in Day v. Henry and Chicago Wine v. Braun
The Supreme Court took a pass on retailer direct shipping. And with that, the Henny-Penny chorus warning that Tennessee Wine meant the sky was falling on the three-tier system will need a new weather report.
On May 18, 2026, the…
Sixth Circuit Affirms Dismissal in Kentucky Bourbon “First Black-Owned Distillery” Fight — and the Lanham Act Lesson Is a Good One
Every once in a while competing alcohol brands get into a dispute over advertising that turns into a useful lesson about how far “first” claims can go before they become actionable false advertising. We have been following one of those…
The Sixth Circuit Finally Lets the Retailer DTC Plaintiffs Win — But Block v. Canepa Is Not the End of the Three-Tier System
Watch retailer direct-shipping litigation long enough and you start to recognize the rhythm.
Out-of-state wine retailer sues. Consumer plaintiff says he wants bottles he cannot get locally. State says three-tier system. Wholesalers say accountability, inspection, tax collection, underage drinking, orderly…
A Barber Pole, A Cocktail Bar, and a Bad First Amendment Result: Why the Osteria Segreto Decision Gets The Barber Shop Blackstone Wrong
A bar called “The Barber Shop” should not need a barber license.
That ought to be the easy part.
And yet, in Osteria Segreto, LLC v. Hilgers, a Nebraska federal court denied a preliminary injunction sought by an Omaha…
The Fourth Amendment Walks Into a Bar: Federal Court Says Michigan’s Warrantless Liquor Inspection Law Is Unconstitutional. Your State’s May Be as Well
Every alcohol licensee knows the knock.
A liquor investigator, police officer, excise agent, revenue agent, or local enforcement official walks into the licensed premises and asks to inspect records, walk the warehouse, look behind the bar, review invoices, pull POS…
When a Distributor Loses a Brand, the Tax Fight May Start in the Brand Transfer Agreement
Distributors already know what happens when a supplier moves a brand. Everybody rushes to fair market value, inventory, depletion, transition timing, and customer handoff. The paperwork often follows the same script. A brand transfer agreement sets the mechanics, the parties…