Southern Glazer’s Wine and Spirits, LLC (“Southern”) and Republic National Distributing Company, LLC (“RNDC”) received bad news last week that Provi’s case alleging Southern and RDNC’s violation of the Sherman Antitrust Act can move forward. Southern and RNDC filed a motion to dismiss the charges in response to Provi’s lawsuit against them. A motion to dismiss filed pursuant to Civil rules of Federal Procedure 12(b)(6) challenges the sufficiency of the complaint and does not challenge the merits. A court under a motion to dismiss review considers the Plaintiff’s well pleaded facts as t ..read more

A federal judge in Chicago rules that Provi’s antitrust case against Southern Glazer’s & RNDC can proceed forward. This means specifically, the case can move forward to discovery. The Judge determined among other things that Provi has stated a claim for monopolization under § 2 of the Sherman Act, and also stated a per se horizontal and vertical conspiracy claim under the Sherman Act. More to follow in a subsequent post. The post Provi survives Southern & RNDC’s Motion to Dismiss appeared first on Irish Liquor Lawyer ..read more

  With the attacks on the alcohol industry coming more frequently and louder from the Neo-Prohibitionist movement, many of us in the alcohol industry are left to wonder, are we in peril of becoming the new tobacco? The tobacco industry paid billions of dollars in damages based on their product’s damaging health impacts, and it was required to put explicit language on cigarette packs spelling out the potential harms of smoking cigarettes. The states individually sued the tobacco companies and recovered billions in legal settlements. The main beneficiary of the tobacco lawsuits were plaint ..read more

  Total Wines and More was denied a liquor license by the Oklahoma Alcoholic Beverage Law Enforcement Commission (ABLE). The denial was justified by Article 28A §4(A) of the Oklahoma Constitution which states: “A. A Retail Spirits License shall only be issued to a sole proprietor who has been a resident of this state for at least five (5) years immediately preceding the date of application for such license, or a partnership in which all the partners have satisfied the same residency requirement. A Retail Spirits License shall not be issued to a corporation, limited liability company or s ..read more

  It may surprise many of my readers that I recently authored an amicus brief, which advocated for the expansion of a state’s franchise rules. It seems at odds with my free-market principles that abhor economic protectionism. Liquor franchise rules guarantee that a supplier/manufacturer cannot get out of a distribution agreement with a liquor distributor without a just cause. These franchise agreements lock a manufacturer into an iron clad agreement with distributors, which takes an act of God to get out of, and even poor performing distributors are often times paid handsomely to termina ..read more

  There is an Irish rebel song called God Save Ireland, which was once an unofficial national anthem of Ireland and is written to those that made great sacrifices for Ireland.  In this modern day there are new self-appointed saviors in Ireland called government officials and Ministers of Health. They have taken to government bureaucracies to make sure they can make the proper decisions for the people of Ireland, but in my mind, they are not going far enough! In 2023 Minister for Health Stephen Donnelly signed into law labeling regulations, which require comprehensive health labeling ..read more

  We have recently heard a lot of talk from Neo-Prohibitionist about the dangers of alcohol and from the WHO that health risk starts from the first drop. Governments in other countries such as Canada have recommended stringent drinking limits and indicated that health is put at risk with more than two drinks a week. In Ireland graphic health labels will one day soon become a fixture of alcohol bottles. Some wonder, when is this coming to the shores of America? What is not discussed are the positives of the alcohol industry in America. First, let’s start off with a couple of principles, d ..read more

I had the pleasure on April 13th to attend the opening of Downtown Chicago’s Craft Brewery, Industry Ales, which represents the only real craft brewery in downtown Chicago. I have worked to get them licensed and helped create their brand of “Chicago’s Downtown Beer”. It has been a great pleasure and honor to be part of this process. Everyone should visit them at 230 S. Wabash. They will infuse a shot of adrenaline that South Wabash needs. The place looks amazing and the food is fantastic!   Support your local businesses   Irish Liquor Lawyer with Industry Ales founders Matt Wie ..read more

  Previously, I gave a synopsis of important liquor bills in Illinois. Today, I provide an update. There is also a new bill on hemp regulation. SB 3926-Would ban the sale of hemp products to anyone under 21 and require testing of hemp products. Concerns are arising because when infused with Delta 8, hemp products can become an intoxicant. Would also create a “hemp consumer products processor” and “hemp consumer products retailer” license. Status-Introduced on April 10, 2024. SB 3359– Update-The bill has two amendments. 1. Would make third-party retailer deliver exclusive state and local ..read more

  In a recent piece by New York health advocates, they went after any proposed consumer friendly changes to the New York liquor system. They stated that “any efforts to expand alcohol access in the name of consumer convenience, or private profit, should be suspended indefinitely.” They attempt to strengthen their position by relying on stats that alcohol related deaths increased 29% from 2017 to 2021. In their opinion “ Legalizing alcohol shipping direct to the home will not only pour gas on the fire that is threatening public health, but it will also contribute to increased underage con ..read more