Another federal court has weighed in on the ongoing war over direct-to-consumer wine shipping, and Ohio has scored a victory in Block v. Canepa. After a Sixth Circuit remand and a refusal by the Ohio Attorney General to seek Supreme Court review, the district court recently issued its final ruling, handing down a decision that
Ashley Brandt Blogs
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Keg Deposits, Legal Battles, and Distributor Protections: Lessons from Cavalier v. MicroStar
In a recent legal skirmish that should catch the attention of distributors nationwide, Cavalier Distributing Company secured a temporary restraining order (TRO) against MicroStar Logistics LLC in an Ohio federal court. This case underscores the critical importance for distributors to scrutinize their contractual obligations, especially concerning keg deposits, to safeguard their operations and financial health.
The 9th Circuit’s Decision in Day v. Henry: Another Step in the Developing Dormant Commerce Clause and 21st Amendment Jurisprudence
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 law where state alcohol regulations keep running into constitutional roadblocks, and courts attempt to chart
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 v. Fresh Bourbon, LLC, the Eastern District of Kentucky granted summary judgment in favor of
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 about supplier influence, the enforceability of contractual provisions, and strategies wholesalers can adopt to protect
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 modernize container size regulations (link to new rule), expand consumer options, and align U.S. standards
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 clarifies the definition of a “successor to a brewer” but also underscores the remedial purpose
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 long-anticipated development, effective January 19, 2025, follows years of advocacy by industry leaders and the
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 court addressed the constitutionality of Iowa’s wine licensing laws under the dormant Commerce Clause and
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 Rocky Mountain spring water. The court dismissed these claims, and in doing so, provided a