Alcohol Law Review

Unlicensed Distiller Sentenced to Jail for Killing Three People and also the Justice Department Files Appeal to the 5th Circuit in the Challenge to Home Distilling Ban The World Health Organization (WHO) has noted that over 25% of the alcohol in the world is “unrecorded alcohol” meaning it is illegally produced and not taxed and…Read More

Judge Ebinger of the Central District in Iowa has ruled on summary judgement motions before her. In her decision, she ruled for an out of state winery’s dormant Commerce Clause challenge to one Iowa law (123.173(2)) that allows Iowa wineries to also be a wholesaler but the judge also ruled for the state against challenges…Read More

The highest court in Massachusetts has ruled against a challenge to the commonwealth’s franchise law by an out of state importer. The importer was terminated by its supplier and it sought protection under the Massachusetts franchise law. However, importers are defined under section 18B of the MA code while wholesalers are under a different part…Read More

I learn something new every day.  Apparently, when Congress passed the law (26 USC 5178(a)(1)(B)) to prohibit home distilling in 1868 they violated their authority under the Taxing Clause and the Commerce Clause of the United States Constitution.   At least that is what a district court in Texas has just found in striking the law…Read More

The state of Tennessee has reached a consent order with five out of state alcohol vendors who were illegally shipping alcohol into the state of Tennessee. These five companies paid fines totaling over $50,000. As part of investigations, the Tennessee Alcoholic Beverage Commission purchased alcohol from each of the companies. Despite being warned that these…Read More