In a 5-4 decision, the United States Supreme Court ruled for the state of South Dakota against a challenge brought by online/remote retailers. The decision in South Dakota v. Wayfair, et al reverses a decision by the South Dakota Supreme Court. The opinion overturns the Court’s earlier opinions from 1992 in Quill and 1967 in Bella Hess…Read More
New Law Review Article Offers Comprehensive Overview of 21st Amendment and the Commerce Clause
June 20, 2018 21st Amendment Alcohol Regulation All Antitrust Equal Protection Guest Columns Preemption Supreme Court
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
June 8, 2018 21st Amendment Alcohol Regulation All
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
June 5, 2018 All
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
May 10, 2018 All
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
