New Lawsuit Filed in California Related to Winery Sales to Retailers

A new lawsuit has been filed in federal court in the Eastern District of California by an Illinois winery and a California retailer claiming that California law impermissibly favors California wineries over out of state wineries.

The lawsuit alleges that the California laws violate the dormant Commerce Clause and the Privileges and Immunities Clause of the U.S. Constitution by limiting the entities eligible to be a “licensed winegrower” in California to in-state wineries. The plaintiff winery seeks to be licensed as a winegrower and avail themselves of all the privileges that come with that California license. The California retailer plaintiff seeks to get wines direct from all fifty states for resale to consumers. A copy of the complaint can be found below.

A press release announcing the lawsuit can be found here.

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