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Latest from Craft Beer Law Prof

After every Craft Beer Law class I teach at McGeorge, I select one or two papers to publish on this blog. This year’s first victim is Chloe Fisher.  Chloe is an outstanding student, law review editor, and generally a great writer.  In this article, she explores several constitutional issues with the way California regulates the distributor-manufacturer relationship.  Enjoy –DC (note

People often ask me what is the biggest problem that craft breweries face today.  To call a particular issue the “biggest” is nearly impossible considering the many ailments the craft brewing industry faces at present.  But there is one issue that stands out to me based on my experience with this industry as one that needs to change and is

  • Introduction
  • In the twenty-first century, there is an app for everything. Looking to buy more alcohol but do not feel safe driving to your local liquor store to replenish your alcohol supply? No need to worry because there is an app that will deliver alcohol straight to your doorstep. In 2012, three Boston College graduates created the first alcohol delivery

    Direct-to-consumer (DTC) shipping for craft breweries has rightly become a hot issue and is gaining momentum. With the COVID-19 pandemic wiping out two of craft beer’s main sources of income, taproom sales and keg beer sales for restaurants and bars, the only main income stream that breweries had during the pandemic was DTC sales. They simply weren’t enough for many

    In craft beer law, one of the most aggravating and seemingly unstoppable issues we see is Big Manufacturers’ constant efforts to undermine, diminish, and erode tied-house laws through the legislative process. Here we go again.

    California Assembly Bill AB-1070 (Irwin), introduced on February 18, 2021, is shining example of the shenanigans that deep pockets empower Big Manufacturers to engage in. 

    While the First-Amendment gets a lot of the constitutional attention in craft beer law in terms of advertising restrictions, another constitutional issue has been stealing some of that focus recently.  More specifically, the Dormant Commerce Clause has been the subject of several high-profile litigation matters across the country. To be transparent, the Dormant Commerce Clause is the subject of a

    The Alcohol and Tobacco Tax and Trade Bureau (known as the TTB) is the federal agency charged with enforcing the Federal Alcohol Administration Act and enacting regulations governing the alcoholic beverage industry.  This includes everything from the federal tied-house restrictions (27 U.S.C. § 205(b)) to the propriety of the labels you see on your craft beers.  Oh, it also collects

    For reasons I will never quite understand, breweries are often treated differently than wineries in California’s alcohol statutes and regulations (ok, I do understand, it is the powerful wine lobby).  When I tell friends and colleagues that beer law has lots of constitutional nooks and crannies, I often wonder if they believe me.  Here’s some proof.

    Today, the California Craft

    This is important, and time is running out.  Craft breweries are getting crushed during the pandemic.  Many are hanging on by a government PPP string.  The Denver Post recently reported that at least 170 independent craft breweries closed during the first half of 2020.  The number is likely to be much larger at present.  Most of these small businesses are

    “Mo Money Mo Problems:” How the Post-Mortem Right of Publicity Affects Craft Brewers

  • Introduction
  • I once went to a taproom with an array of eighty self-serve beer taps. It was initially difficult to pick a beer from the eighty options. But soon, one caught my eye: North Coast Brewing Company’s “Brother Thelonious Belgian Style Abbey Ale.” The beer cleverly invoked