The Supreme Court issued orders this morning from its recent conference and has denied a review of the 2nd Circuit’s decision upholding Connecticut’s alcohol pricing regulations from attack by Total Wine. This resolves the most high profile antitrust challenge to state alcohol laws currently in the court system. The Supreme Court’s order can be found…Read More
The United States Supreme Court Denies Total Wine’s Request for Certiorari on Challenge to Connecticut’s Alcohol Pricing Regulations
April 6, 2020 21st Amendment Alcohol Regulation Antitrust Preemption Supreme Court
8th Circuit Upholds Striking Of Missouri Tied House Law and Advertising Regulation as Violation of First Amendment
January 8, 2020 21st Amendment Alcohol Regulation Supreme Court
In a relatively short decision, the 8th Circuit upheld the district court decision striking a Missouri statute and two regulations related to advertising the prices of alcohol. The fourteen page opinion was written by Circuit Judge Jane Kelly. She agreed with the district court that the state of Missouri had not proven its case for…Read More
One Less Circuit Court Case Reviewing State Alcohol Laws – 10th Circuit Appeal Withdrawn
November 5, 2019 All
The Plaintiffs challenging Wyoming state alcohol laws in the 10th Circuit voluntarily withdrew their appeal ending their challenge. Phoenix Vineyards operated a form of “winery Tupperware party” where their representatives would visit houses and drum up support for their wines. The state of Wyoming noted that this sounded very much like a sale requiring a…Read More
State Attorneys General Call For End to Illegal Alcohol Sales Online
October 24, 2019 All
46 State Attorneys General have weighed in with letters to Facebook, Craigslist, and Ebay asking them to take more steps to prevent the illegal sale of alcohol on their platforms. Unlicensed sales risk great harm to public health, alcohol company brands, tax collection and are a growing concern with the growth of counterfeit and fake…Read More
The Supreme Judicial Court of Massachusetts Upholds Law Banning Sales Below Costs Against Challenge from Total Wine
The highest court in Massachusetts has upheld the state law that prevents sales of alcohol below costs. This case stems from an enforcement action against Massachusetts Fine Wine and Spirits (Total Wine) related to the state definition of cost of liquor. The Court stated: “We conclude that the plain language of § 2.04(1) requires that…Read More
