Malt beverage “strength wars”

June 28, 2013

  • 223 Intoxicating Liquors
  • 223II Constitutionality of Acts and Ordinances
  • 223k15 k. Licensing and Regulation.

223 Intoxicating LiquorsProvisions of Federal Alcohol Administration Act prohibiting statements of alcohol content on malt beverage labels were unconstitutional restraint on commercial speech in violation of First Amendment; prohibition neither directly advanced nor reasonably fit government’s goal of preventing strength wars among the malt beverage manufacturers and government failed to show relationship between publication of factual information on alcohol content and strength wars.
Adolph Coors Company v. Bentsen, 2 F.3d 355 (10th Cir. 1993)