Archives for 2010

Legislation to Support State Alcohol Laws Introduced in Congress

The sponsors of H.R. 5034 have announced they plan to amend their legislation.  This legislation will be a more limited version and can be found here.   A section by section analysis of this bill is here. H.R. 5034, “The Comprehensive Alcohol Regulatory Effectiveness Act of 2010” or “CARE Act,” was introduced in the U.S. House…Read More

9th Circuit Rules for Arizona in Volume Cap and In Person Challenge

UPDATE…….. ARIZONA WINS The 9th Circuit has issued a ruling. The state of Arizona wins, volume caps and face to face purchase requirements are permissible. Read the ruling here. (OLDER POST) On September 15th, the 9th Circuit heard oral arguments of a wineries appeal of an Arizona district court’s decision upholding the state’s winery laws.   Click here if you would like  to hear the…Read More

39 State AGs Sign Letter to Congress

AGs from 39 states have signed a letter written to the Honorable Hank Johnston, who chairs a House Judiciary subcommittee on Courts and Competition Policy. The letter seeks help “with the growing threat facing our states from unprecedented legal challenges that seek to eliminate our ability to regulate alcohol.” Read the letter here.

California Attorney General Warns Suppliers and Importers: Do Not Control Other Licensees

In a very forceful advisory, the California Attorney General has made it clear that California law does not allow suppliers to micromanage and control distributor licensees.  This guidance apparently went to over 600 importers and suppliers.  The staff of the attorney general actually  spent time reviewing the proposed supplier contracts to state law and were very concerned…Read More

Another State Faces 21st Amendment Lawsuit. Welcome Iowa to the Lawsuit Club.

Iowa has recently joined the ranks of states having a federal court determining the future of its state alcohol laws.  Indiana University Professor James Tanford has filed another Dormant Commerce Clause lawsuit this one challenging provisions in the Iowa alcohol code dealing with reciprocity for direct shipping.  A copy of this lawsuit can be found here.   By…Read More