In a recent opinion showing the 21st Amendment and state franchise laws must work within the confines of the Commerce Clause a New York federal court has granted a second motion to dismiss the complaint of a New York beer
Libation Law Blog
Alcoholic Beverage and Cannabis Regulatory and Legal Updates
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The Illinois Craft Brewers Guild “Beer Omnibus” bill contains some excellent advancements for bars, restaurants, wineries, distilleries and not-for-profits. With commentary.
Experience guides the law and the development of workable statutes is no exception to the idea that a society’s legislation should be reviewed and updated often as times change and circumstances reveal what works and what doesn’t.
Illinois Senate Bill…
Court rules beer franchise law may not apply to foreign breweries (and their beer) where wholesaler did not engage with foreign breweries or implicate them in contracting with their U.S. importer for distribution.
In a lesson for beer distributors in contracting with importers of foreign beer, a Federal Court recently denied an injunction to a beer wholesaler looking to keep two Belgian breweries, Brouwerij 3 Fonteinen and De La Senne in its portfolio…
Court finds winery and distributor continued discussions sufficient to show intent to extend timing under statute allowing transfer following brand acquisition by new owner.
In addition to what we generally think of as the “regular” reasons for terminating an alcoholic beverage franchise agreement without cause: bankruptcy, fraud in the dealings between a wholesaler and a manufacturer/supplier, suspension or termination of a distributor’s license or…
Petition for SCOTUS review filed in North Carolina alcohol shipping case (the one with the great dissent from Judge Wilkinson).
You’ll recall our coverage of the cogent dissent that Judge Wilkinson penned in B-21 Wines, Inc. v. Bauer earlier this year. A quick refresher, this case involves another in the line of Dormant Commerce Clause challenges to out-of-state retailer…
Yes, changing your advertising and discontinuing your beverage can make a difference: Court nails coffin shut on Olympia Beer class action over “It’s the Water”
When last we wrote, things didn’t look so good for Pabst’s Olympia Beer – they had been fighting a class action alleging damages because consumers were deceived by their “It’s the Water” printed advertising and packaging slogan. They got there…
A good reminder out of Maine – beer distribution franchise laws generally incorporate themselves into contracts whether the parties want it or not.
Vacationland Distributors brought suit against Fore River Brewing Co., following notice that Fore River Brewing sent to the beer wholesaler stating that the brewer did not intend to continue its distribution relationship with Vacationland and intended to directly distribute…
5th Circuit’s pun-filled opinion upholds CANarchy’s right to sell beer to go in Texas because it leases and does not “own” most of its breweries across the country.
When we first wrote about this matter back in February of 2021, it was to tell you that CANarchy had won a challenge to the Texas Alcoholic Beverage Commission’s interpretation of a Texas alcoholic beverage control law limiting the right…
Selling alcoholic beverages in Illinois? Retailers, wholesalers, distilleries, breweries and wineries should get familiar with the soon-to-be new rule regarding alcoholic beverage promotions involving coupons and rebates; scan backs are prohibited.
Following an initial first-round publication (now edited) and two rounds of comments (here and here), the Illinois Liquor Control Commission has now provided the Joint Committee on Administrative Rules with a second publication and partially edited proposed Administrative…
In a win for Illinois hospitality, bars, hotels, restaurants, liquor stores, theaters and other “1A” Retailer Liquor Licensees receive full license fee waivers for upcoming 2022-2023 renewals.
In a boon to Illinois’s hospitality industry, the Illinois Liquor Control Commission has announced the implementation of the liquor license fee reduction enacted by Governor Pritzker’s signing the 2023 budget.
The budget requires the ILCC to waive the license renewal…