Archives for 2018

New Law Review Article Offers Comprehensive Overview of 21st Amendment and the Commerce Clause

A large number of law review articles addressing the 21st Amendment take a very narrow view of the amendment as part of on going policy fights related to alcohol regulation.  So, it is refreshing to see a new law review article that gives a more balanced history on the interaction between the 21st Amendment and…Read More

New Study Measures Effectiveness of Various State Alcohol Polices on Preventing Adult Binge Drinking

A new study has been published comparing certain state alcohol polices and ranking their effectiveness in fighting adult binge drinking. The study published in the American Journal of Preventative Medicine, “A New Scale of the U.S. Alcohol Policy Environment and Its Relationship to Binge Drinking” seeks to develop a scale, the Alcohol Policy Scale (APS),…Read More

McLane Withdraws Challenge to Texas Cross Tier Ownership Laws

The lawsuit by McLane Company against the Texas ABC for failing to approve their application for a wholesaler license has been dismissed without prejudice.  This matter was scheduled to have experts identified this month before another round of dispositive motions.  The Texas ABC had denied the permit for violations of cross tier ownership laws. Recall McLane serves as a…Read More

TTB Secures Record Trade Practice Fine Against Importer

The Treasury Department’s Alcohol Tax and Trade Bureau (TTB) recently secured a record trade practice fine for violations of the Federal Alcohol Administrative Act.   The press release as well as the actual Offer in Compromise are painstakingly barren on details of what the actual violation of law was.    TTB notes “Warsteiner Importers Agency Inc. is…Read More

Lawsuit Filed Against Virginia Happy Hour Regulations

A lawsuit was recently filed under the First Amendment in Federal Court to challenge the Virginia alcohol law governing happy hours.  The lawsuit was filed by the Chef Geoff’s restaurant and its owner.  The Complaint claims that the Virginia law in question is an unconstitutional content-based restriction on speech by banning truthful speech and also that the law’s ban…Read More