The Michigan Liquor Control Commission in 2009 banned Flying Dog Brewery's Raging Bitch Belgian-Style India Pale Ale from the state on grounds that the attention-grabbing label had language "deemed detrimental to the health, safety, or welfare of the general public."More at the link above.
But the commission this week reversed that ruling, citing a Supreme Court decision issued last week that favored commercial free speech rights over state regulations.
Flying Dog, a Maryland-based craft brewer, had sued in federal court claiming its First Amendment rights were violated. The brewer said the commission's reversal was a "victory for craft beer," but vowed to fight on in court, seeking to recover damages from lost sales while also hoping to strip the state's ability to "ban any beer that they find offensive.
Flying Dog began selling the beer in several states in 2009 in recognition of its 20th anniversary. The alcohol content in Raging Bitch is 8.3% -- which is about twice the amount of an average mainstream light beer. The brewery, which now sells the Bitch in 32 states, says the IPA is its top seller.
Michigan will become the 33rd state to let the Bitch in, thanks in part to the Supreme Court, which wrapped up its term this week with multiple rulings denouncing government regulation of commercial speech, including striking down a California law that barred the sale of violent video games to children.
The case cited by the Michigan liquor commission had nothing to do with alcohol, but rather a Vermont law that limited the ability of companies to collect information about what drugs doctors are prescribing, a practice that could help drug makers target sales to doctors.
01 July 2011
Flying Dog Wins Michigan Court Challenge Over Raging B*tch"
From Advertising Age: