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Texas Beer Litigation

September 7, 2016

“Declaring it unconstitutional, a Texas state judge struck down the law that prohibited brewers from receiving monetary compensation from distributors for their distribution rights. The rule was part of the bundle of 2013 legislation that was otherwise a boon to Texas breweries.

Brewers and their fans are rejoicing this victory right now, but they’re still holding their breaths over two other beer-related cases in Texas courts. Soon, these should also have outcomes.

One involves an issue that brewers pushed for in the 2013 legislative session, to no avail. As a result, Dallas’Deep Ellum Brewing sued the Texas Alcoholic Beverage Commission last year to try and get breweries the ability to sell beer to-go from their facilities — something that wineries and distilleries in Texas are both able to do. (Brewpubs, which sell food in addition to beer, can as well.)

And before that lawsuit, Cuvee Coffee decided to go to battle with the TABC over the issue of whether retailers can sell crowlers, which the TABC argues are one-use cans, rather than aluminum growlers, that only manufacturers of beer can sell.” – Arianna Auber, Austin 360.

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