H.R. 5034, “The Comprehensive Alcohol Regulatory Effectiveness Act of 2010” or “CARE Act,” was introduced in the U.S. House of Representatives by Rep. Bill Delahunt (D-MA), Rep. Howard Coble (R-NC), Rep. Mike Quigley (D-IL) and Rep. Jason Chaffetz (R-UT).
The CARE Act aims to clarify congressional intent that states have primary authority to regulate alcohol; prevent [...]

Tags: alcohol, CARE Act, Craig Purser, H.R. 5034, NBWA, protect state rights, The Comprehensive Alcohol Regulatory Effectiveness Act of 2010
Posted April 26, 2010 by davetate under 21st Amendment, Alcohol Review, Dormant Commerce Clause

Very disappointing but not surprising decision from 4th Circuit today ruling against the state on the Maryland laws on price posting , price holdand quantity discount ban.   This decision seemed to be a certainty when an entire new panel of 4th Circuit judges came out for oral argument.   Personally, I think the court just wanted to [...]

Tags: 4th Circuit, Costco, liquor regulations, Maryland, NBWA, oral arguments, Sherman Anti trust
Posted July 15, 2009 by admin under 21st Amendment, Alcohol Regulation, Alcohol Review, Supreme Court

The U.S. Supreme Court decided Granholm v. Heald, a case concerning the direct shipping of wine shipping in 2005. The Court ruled that a state could not prohibit out-of-state wineries from shipping directly to citizens while allowing in-state wineries to do so. The Supreme Court then denied cert on the Brooks v. Vassar case in [...]

Tags: 21st Amendment, law, NBWA
Posted May 18, 2009 by admin under 21st Amendment

This discussion forum is designed to provide information and discuss the rapidly developing issue of alcohol law and the growing attempts by special interests to have the judiciary determine alcohol laws as opposed to elected officials. There is always something going on in alcohol law and we hope you will visit and contribute to this [...]

Tags: Alcohol Law Review, NBWA, regulation
Posted March 11, 2009 by admin under Alcohol Regulation, Alcohol Review, Dormant Commerce Clause, Supreme Court

The federal, state, and contractual system of alcohol regulation from origin through final sale to consumer is a system that has greatly served the American consumer.  From its prohibition on vertical integration and the 13,000 labels of beer available in the United States, to the prevention of grey and black markets, it’s a system that [...]

Tags: beer, NABCA, NBWA, Paul Pisano
Posted March 11, 2009 by admin under Alcohol Regulation

In what may be the textbook case of how state alcohol regulators and attorney generals can best fight challenges to their alcohol laws, the LA Court of Appeals dismissed a challenge in Jungles v. Painter.  A copy of this opinion can be found here.  This decision contains much defense of the 21st Amendment and the [...]

Tags: 21st Amendment, effective state-based regulation, Jungles v. Painter, LA Court of Appeals, NBWA
Posted March 11, 2009 by admin under Alcohol Regulation