The Michigan Liquor Control Commission has reportedly reversed its decision to ban sales of a Maryland-based beer with a controversial name. Flying Dog Brewery has received approval to promote and sell its “Raging Bitch” Belgian-Style IPA in Michigan. According to Flying Dog, the commission has barred the beer’s sale in Michigan since 2009, claiming its label was “detrimental to the public health, safety and welfare.” The brewery subsequently filed a First Amendment lawsuit in a Grand Rapids federal court. More information about the lawsuit appears in Issue 388 of this Update.

The commission switched its position after the U.S. Supreme Court recently
determined that states cannot engage in “content-based discrimination,”
according to a news source. Although calling the move “a victory for craft
beer,” Flying Dog has announced that it has no plans to drop its pending
lawsuit. “Most companies would take what Michigan did and say, ‘Great, I can
sell my beer and move down the road,’” Flying Dog Brewery’s chief executive,
Jim Caruso, reportedly said. “We’re not doing that.” See Flying Dog Blog, June
29, 2011; Associated Press, July 1, 2011.

About The Author

For decades, manufacturers, distributors and retailers at every link in the food chain have come to Shook, Hardy & Bacon to partner with a legal team that understands the issues they face in today's evolving food production industry. Shook attorneys work with some of the world's largest food, beverage and agribusiness companies to establish preventative measures, conduct internal audits, develop public relations strategies, and advance tort reform initiatives.

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