USA: Court rejects further appeals challenging Indiana's alcohol laws
"This decision puts a legal blockade before those who want to ship alcohol illegally. It will in no way prevent wineries or online marketers from filling consumer orders, as long as they follow the state law," said Juanita Duggan, CEO of the Wine and Spirits Wholesalers of America. "Given the socially sensitive nature of alcohol, laws requiring ID checks, tax payments and responsible marketing are reasonable requirements placed on anyone who sells liquor, wine and beer.
The court refused on November 6 a Petition for Rehearing and Petition for Rehearing Enbanc filed by the plaintiffs in Bridenbaugh, et al. v. Karen Freeman-Wilson, Attorney General of Indiana.
The 7th Circuit had previously overturned a lower court opinion, ruling instead that the Commerce Clause does not bar states from regulating imports of wine, liquor and beer. Rather, states have full authority under the 21st Amendment to the Constitution to control beverage alcohol sales and importation into the state.
"In addition to this important court decision, the President recently signed into law the 21st Amendment Enforcement Act to give states more enforcement authority against illegal alcohol shipments. Clearly, state alcohol laws matter, the public supports them and violators will be punished," Duggan said.
"The plaintiffs in this case attempted to repeal the social good provided by reasonable controls over alcohol sales. We are delighted that the Constitution prevailed over their reckless disregard for temperance, tax collection and local custom.
"Local control is no less important today than it was when the 21st Amendment repealed Prohibition. New methods of ordering -- via mail order or the Internet -- and delivery by common carrier do not negate the need of the state to control the flow of alcohol across its borders," Duggan said.
This decision also allows the state to create a level playing field for competition by ensuring that every business selling beverage alcohol in-state and out-of-state pays the same taxes, abides by the same regulations and faces the same sanctions.
"This reaffirmation of the court's decision is likely to carry significant influence in the six similar court cases now being heard around the country," Duggan said.
The other cases are being heard in New York, Virginia, Florida, North Carolina, Michigan and Texas.
The global roll-out of InBev's Brazilian beer, Brahma, adds a third premium brand to the global brewer's international portfolio but some observers have suggested it's an unnecessary step which threat...
Brasserie Kronenbourg has clarified earlier reports about its entry into the low alcohol beer sector in France....
Costs relating to alcohol abuse in Sweden are on the rise, according to research out this week....
Police in eastern Kenya have said that at least 24 people died on Saturday after drinking illegally produced alcohol....
According to a recently published study, people who drink alcohol may have a lower risk of developing a type of cancer which affects the lymphatic system known as non-Hodgkin lymphoma (NHL)....
Diageo is calling for facts labels to be placed on alcohol beverages in the US....
Kenyan authorities are to ban beer and spirits advertising from television and billboards in the country, according to a local report late last week....
Post-menopausal women who consume even moderate amounts of alcohol may face an increased risk of breast cancer, according to a comprehensive US study....
- Analysis - Remy's Cognac "dead-cat bounce"
- Comment - How Hand-Made is Tito's Handmade Vodka?
- Heineken to stay "active player" in beer M&A - CFO
- Focus - Pernod Ricard's Q1 sales by brand
- Time for Heineken to make a European break
- Moët Hennessy unveils first Travel Retail outlet
- United Spirits sees Q1 net loss
- Whisky downturn slows Diageo's Scotch spend
- Beam Suntory, Edrington part ways in Travel Retail
- Pernod Ricard sees sales lift in Q1