If you’ve been following along with dormant Commerce Clause litigation in the alcohol space, the 9th Circuit’s recent ruling in Day v. Henry should grab your attention. If you haven’t been tracking these cases, you’re missing a fascinating evolution of
Ashley Brandt Blogs
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Kentucky’s Bourbon Battle: Court Dismisses False Advertising Claims in “First Black-Owned Distillery” Dispute
A federal court in Kentucky recently weighed in on a branding battle between two bourbon distilleries—Brough Brothers Distillery and Fresh Bourbon, both of which claim to be Kentucky’s “first Black-owned bourbon distillery.” In Victory Global, LLC d/b/a Brough Brothers Distillery
Navigating Supplier Relationships: Lessons From a Recent Decision on Wholesaler Agreements
A recent court decision [link to decision] involving a prominent Connecticut wholesaler and one of the nation’s largest suppliers provides a stark reminder of the challenges distributors face when navigating contracts within the three-tier system. The case raises important considerations
Breaking Down the TTB’s New Final Rule on Standards of Fill for Wine and Distilled Spirits
The Alcohol and Tobacco Tax and Trade Bureau (TTB) has finalized a major update to its standards of fill regulations for wine and distilled spirits containers. Published as Treasury Decision TTB-200, this final rule makes significant changes that aim to
JRC Beverage, Inc. v. K.P. Global, Inc.: A Milestone in Protecting Wholesalers under Alcoholic Beverage Control Law §55-c
In a landmark decision, the New York Appellate Division, Second Department, has reinforced the expansive protections afforded to beer wholesalers under Alcoholic Beverage Control Law (ABCL) §55-c. The ruling in JRC Beverage, Inc. v. K.P. Global, Inc. not only
New Standards of Identity: American Single Malt Whiskey Gets Official Recognition
The Alcohol and Tobacco Tax and Trade Bureau (TTB) has officially published its final rule recognizing American Single Malt Whiskey as a distinct type of whiskey under the Standards of Identity for Distilled Spirits in 27 CFR Part 5. This
Breaking Down the Dormant Commerce Clause Case Against Unevenly Applied Rights Between In-State and Out-of-State Manufacturers: Buckel Family Wine v. Mosiman
In a decision from the United States District Court for the Southern District of Iowa pointing out once again that the issue is not with the three-tiered system, but with a State’s unconstitutional application of exceptions to that system, the
Coors Light and the Rockies: A Case of Marketing, Misinterpretation, and the Reasonable Consumer
The 11th Circuit Court of Appeals recently issued its decision in Lorenzo v. MillerCoors, a case where the plaintiff alleged that Coors Light’s marketing misled consumers into believing the beer was brewed exclusively in the Rocky Mountains using pure
Convoyed Damages and Consequential Losses For Distributors In Suits Against Suppliers: Lessons from American Northwest Distributors v. Four Roses
When a supplier pulls the plug on a distribution relationship, it doesn’t just hit the bottom line for the supplier’s products. Often, there’s a ripple effect—other brands in the distributor’s portfolio may take a hit, too. That’s where the concept
The Sixth Circuit Misses the Mark in Cavalier v. Lime Ventures – Failing to Protect the Value Distributors Create in Brands
In its recent decision in Cavalier Distributing Co., Inc. v. Lime Ventures, Inc. (link to opinion), the Sixth Circuit Court of Appeals affirmed a ruling denying an injunction to a beer wholesaler after a successor importer failed to sell brands