Sale and distribution of alcoholic beverages


Alcoholic Beverage Industry

The Twenty-first Amendment to the United States Constitution was ratified on December 5, 1933, repealing the Eighteenth Amendment’s prohibition on the manufacture, sale, or transportation of alcoholic beverages. In the wake of prohibition, the states were left to regulate this revived industry within their borders.

Given the moral and public welfare considerations that fueled the earlier prohibition of alcohol consumption altogether, the aim of most regulatory schemes is to temper the overconsumption of alcohol created by aggressive marketing.

As a result, the alcoholic beverage industry is one of the most highly regulated industries in the country. Each state, and sometimes even counties or municipalities within a state, create and enforce their own laws regarding the marketing, sale and distribution of alcoholic beverages, resulting in a myriad of laws and restrictions that can be difficult to navigate.

With experience representing and advising producers, distributors, and retailers, the legal team at Mulcahy LLP can help navigate the state and federal laws governing this highly regulated industry. Whether you are a craft brewer, winegrower, producer, distributor, or retailer, we have the knowledge and practical experience needed to guide you with all aspects of your business.

Our clients often have questions regarding:

  • Licensing States vs. Control States
  • Trade Secrets
  • Transfer Protections
  • Trademarks
  • Territorial Protections
  • Dispute Resolution Protections/Remedies
  • Termination Protections
  • State Agency Proceedings

If you interested in learning more about the laws confronting the alcoholic beverage industry, contact us to schedule a consultation.



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