Libation Law Blog

Alcoholic Beverage and Cannabis Regulatory and Legal Updates

Blog Authors

Latest from Libation Law Blog

Yesterday the Illinois Department of Financial and Professional Regulation issued notice of an emergency rule that, if enacted, will govern the issue of what happens if there is a tie between applicants in the current point-based scoring process for Conditional Adult Use Dispensing Organization licenses under Illinois’s Cannabis Regulation and Tax Act (410 ILCS 705). Briefly, given that there are 250 points available to each cannabis dispensary license applicant in the cannabis point…
You can read the petition for certiorari here. You saw this coming as the circuit split on this issue is real and the dissent to the denial of an en banc rehearing was powerful. Connecticut Fine Wines (the Connecticut arm of Total Wine) is taking umbrage (rightfully so) with the recent en banc Second Circuit denial for a rehearing of the opinion that did away with their antitrust challenge to Connecticut’s post-and-hold laws, minimum…
Imagine being able to order whatever libation you wanted and having it delivered directly to your door. A beer shop in Maine has some local variant you can’t get in Oregon – no problem, just have them send it. A wine shop in Florida can send you a case of something Kermit Lynch ran out of – perfect!  The recent Supreme Court decision in Tennessee Wine reiterating the broad scope of the Commerce Clause’s applicability…
During the 2014 application process for the medical cannabis dispensary licenses the plaintiffs assert that 5 medical cannabis dispensaries were allowed to change their dispensary addresses after the application deadline, and before registering, so that the company could qualify to register. The complaint alleges that absent being allowed to change the address of the medical marijauana dispensary locations post application and pre-registration, the cannabis dispensaries would not have qualified for the Illinois medical dispensary licenses.…
Back in March we reported on Jӓgermeister’s successful bid to dismiss a lawsuit that Major Brands brought over Jӓgermeister’s attempt to terminate its Missouri distribution arrangement with Major Brands in order to consolidate its distribution nationally with Southern Glazer’s Wine and Spirits of Missouri. You can read our entry on this spirits distribution agreement and distribution agreement termination lawsuit here. For those of you interested in pleadings on matters related to distributorship termination…
It should amuse you to no end that the legal pleadings in this case contain treasures citing to the edicts and actions of the Bud Light King: RESPONSE: … Elements of AB’s campaign do disparage corn syrup; for example, the Bud Light King rejects corn syrup as an ingredient for Bud Light because it is not one of the “finest” ingredients. (Dkt. 14, Reis Decl., ¶¶ 27a, 34). and RESPONSE: … AB’s ads suggest that…
Beer Twitter, Wine Twitter (is that a thing?) beer Instagram, wine columnists, writers, reporters, they’re notorious for not disclosing when the products they’re writing about or describing were sent to them for free to sample and review… and that’s an issue. The failure to disclose that a brewery or winery sent you free beer to feature in your feed   The FTC’s new publication for online influencers delineates the agency’s rules for when and how influencers…
Yes, all apologies to those of you hoping to tune in yesterday to the interstate wine shipping case oral arguments in front of Mississippi’s Supreme Court. They’ve been moved to January 15, 2020 at 1:30 p.m. You can tune in then to watch the parties debate the merits of allowing the Uniform Commercial Code to control the place and terms of sale for online wine commerce. The oral arguments in this wine shipping case can…
The Illinois Human Rights Act is the Illinois law dealing with employment issues like discrimination, retaliation and harassment. Employers need to be familiar with it. Especially now that two new public acts have broadened its scope and applicability for many infractions, and  to include any employer employing one or more employees (it used to be 15 or more) (see Public Act 101-0221 and Public Act 101-0430). So what’s new? New Illinois Sexual Harassment Training…
The United States Department of Agriculture has released its initial guidance through an interim rule, the Establishment of a Domestic Hemp Production Program (link to the full text). The rule is part of the system mandated by the 2018 Farm Bill governing hemp production and should be followed by FDA guidance and a flood of state statutory and regulatory rulings regarding the marketing, sale, and distribution of hemp and hemp-based products like CBDs. The rule…