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
A Reflection on the 21st Amendment views of Justice Stevens
July 29, 2019 21st Amendment Guest Columns Supreme Court
This month our nation lost a patriot who served our nation with great distinction when retired Supreme Court Justice John Paul Stevens died at the age of 99. Justice Stevens was a brilliant man of many experiences; Navy seaman, World War Two veteran, antitrust lawyer, and eventually the third longest serving Supreme Court Justice. While…Read More
New Lawsuit in Michigan Claims Arbitrary Enforcement By State of Preempted Wine Law
July 16, 2019 All
A lawsuit has been filed in the western district court in Michigan by certain winery and cider interests against a new Michigan law and its enforcement. Essentially, after many years of deferring to federal wine law, the plaintiffs assert that Michigan has created new vague laws in the area impacting wine production and bonded winery…Read More
United States Supreme Court Upholds 6th Circuit and Strikes Tennessee’s Retail Residency Case
June 26, 2019 21st Amendment Alcohol Regulation All Supreme Court
Reinforcing the law school adage of “bad facts make bad law,” the U.S. Supreme Court upheld the 6th Circuit decision that struck down Tennessee state law that imposes a durational residency requirement for establishing and renewing a retail liquor license. Justice Alito wrote the majority opinion in the 7-2 decision, while Justice Gorsuch authored the…Read More
