8th Circuit Reverses Win for Missouri on Alcohol Advertising

The 8th Circuit has ruled that a district court was wrong to grant a 12(b)(6) motion to dismiss brought by Missouri against a complaint by the Missouri Broadcasters Association. The District Court opinion is here. The Missouri Broadcasters brought a challenge to three provisions of the Missouri alcohol code. The challenged provisions were laws that prohibit…Read More

Oral Arguments Held In 9th Circuit Case

An 11 judge en banc panel of the 9th Circuit heard arguments on the Retail Digital Network appeal on January 19, 2017, in San Francisco.  The judges fired a series of questions to the attorneys for Retail Digital Network, the US Chamber and the California Attorney General’s office and speculation on the final outcome is a terribly…Read More

Justice Department Responds to Public Comment on ABI-SABMiller Merger

(January 13, 2017)  The Justice Department has responded to public comments filed by 12 parties (including NBWA) on the Justice Department’s Proposed Final Judgment (PFJ).  The PFJ and Consent Order was finalized between the Justice Department, SABMiller and ABInBev in July, 2016. In the response, the DOJ did not modify the PFJ and will soon move to ask Judge Sullivan to…Read More

Iowa Wins Challenge to Cross Tier Ownership Laws

The State of Iowa has won a challenge by a beer retailer whose license was not renewed when the state learned that the retailer was owned in part by a winery. In New Midwest Rentals, LLC d/b/a Des Moines Valero #204 vs. Iowa Department of Commerce, Alcohol Beverage Division Iowa state district court judge David May…Read More

Key Provisions of the Justice Department’s Consent Order With ABInBev and SABMiller

Guest Column by Paul Pisano, NBWA The Department of Justice (DOJ) has proposed a Final Judgment approving a settlement (Proposed Final Judgment or PFJ) between the DOJ, ABInBev (ABI) and SABMiller (SAB), which allowed the parties to consummate the largest beer industry merger in history. While the deal is already closed, the settlement agreement has…Read More