LEX VINI

California Tied House Law Upheld by Federal Appeals Court

An en banc panel of the U.S. Court of Appeal for the Ninth Circuit (the federal appeals court with jurisdiction for the nine western states) has rejected a First Amendment challenge to California’s tied house laws.  In so doing, the court overturned an earlier decision by a three-judge panel that had applied a more rigorous standard […]

Recent Uptick in Tied House Enforcement Actions by State and Federal Agencies

Clients often ask us about enforcement of the various alcohol beverage regulations and tied house laws that apply to industry members.  “Tied-house” laws generally prohibit supplier-side licensees (including producers and wholesalers) from giving, directly or indirectly, any premium, gift, or “thing of value” to retail licensees, unless a specific exception applies. Over the past year, […]

TTB Provides Guidance on Category Management Practices

On February 11th, the Alcohol and Tobacco Tax and Trade Bureau (“TTB”) issued a new ruling regarding the extent to which “category management” practices are permissible under federal tied-house laws. The “tied-house” laws promulgated under the Federal Alcohol Administration Act (the “FAA Act”) generally prohibit industry members from giving “things of value” such as supplies, […]

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