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Missouri Alcohol Retailers no longer Tongue-Tied by Tied-House Restrictions on Advertising

Missouri tied-house law, which restricts dealings between suppliers, wholesalers and retailers, is currently in flux following a recent ruling by the US District Court for the Western District, which held that several of Missouri’s regulations pertaining to supplier advertising were unconstitutional.  This pivotal opinion—which has wide-ranging implications for alcohol advertising in the state—was appealed to the 8th Circuit Court of Appeals on October 11, 2018 and has garnered widespread attention in the industry.  The case raises economic and practical issues for retailers and significant legal and policy issues for state regulators.

In June, 2018 the District Court struck down three types of restrictions on alcohol advertising: 1) a restriction forbidding media advertising of price discounts—including restrictions prohibiting retailers from offering discounts on the purchase of beer or wine and from outside advertising of discounts on alcohol; 2) a restriction forbidding retailers from advertising prices below cost; and 3) a statute

California Amends Slack Fill Law

California Amends Slack Fill Law

October 3, 2018

Authored by: Bob Boone and Sarah Burwick

Governor Jerry Brown recently signed into law Assembly Bill 2632, which amended California’s slack fill statute to create several exemptions.  This amendment will be an additional hurdle to the plaintiff bar, which has been flooding the courts with slack fill related lawsuits in recent years.  These lawsuits, typically filed as class actions, allege that product packaging is misleading to the extent it contains nonfunctional empty space, known as slack fill, which causes consumers to believe they are receiving more of the product than they actually are.

The new law, which will amend California Business and Professions Code Sections 12606 and 12606.2, includes the following key changes:

  • The amended law exempts packaging sold in a mode of commerce that “does not allow the consumer to view or handle the physical container or product.” It could be argued that this exempts online sales.
  • The amended law exempts product packaging that clearly
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