In an article published by The New Brewer, Marc Sorini discusses five issues most likely to have a meaningful impact on craft brewers in the coming years, including:
- The Craft Beverage Modernization and Tax Reform Actâs (CBMTRA) new tiered excise tax rate structure, its extending benefits to foreign producers, and its authorization for brewers to transfer beer in bond between breweries of different ownership.
- The Sixth Circuitâs published opinion in Byrd v. Tennessee Wine and Spirits Retailers Association, affirming a decision finding that the âdurational-residencyâ requirements imposed by Tennessee law for alcohol beverage retail licensees are unconstitutional under the âdormantâ Commerce Clause.
- The TTBâs creation of a new unit within its Trade Investigations Division to focus on trade practice enforcement.
- The opinion in Mission Beverage Co. v. Pabst Brewing Co. from the California Court of Appeals, which found that âan existing distributorâs receipt of the âfair market value of the affected distribution rightsâ under [the California statute] does not necessarily make that distributor whole.â
- The US District Court for the Northern District of Californiaâs decision in a putative class action alleging that the labeling and marketing of a successful California-based craft brewery was false and deceptive.
Originally published in The New Brewer, May/June 2018.
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