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…
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Flying Dog Brewery has filed a lawsuit under the First Amendment, alleging that the Michigan Liquor Control Commission and its individual members violated its free speech rights by prohibiting the company from selling Raging Bitch Twentieth Anniversary Belgian-Style India Pale Ale. Flying Dog Brewery, LLP v. Mich. Liquor Control Comm’n, No. __ (W.D. Mich., filed March 25, 2011). According to the complaint, a British artist, who once worked with journalist Hunter S. Thompson, designed Flying Dog’s beer labels, including the one at issue. The defendants rejected Flying Dog’s application for a license to sell the pale ale in the state, allegedly finding “that the proposed label which includes the brand name ‘Raging Bitch’ contains such language deemed detrimental to the health, safety, or welfare of the general public.” Claiming loss of sales and goodwill, the plaintiff alleges that its label constitutes expression protected by the First Amendment and seeks preliminary and…
Kellogg Co. has filed a lawsuit in a Michigan federal court against the Canadian packaging company that supplied allegedly defective liners with “offensive characteristics” (taste and odor) that purportedly caused nausea and diarrhea in some Kellogg cereal consumers and forced a “costly nationwide recall” of four company products. Kellogg Co. v. FPC Flexible Packaging Corp., No. 11-272 (W.D. Mich., S. Div., filed March 18, 2011). The cereal maker alleges violations of Michigan’s Uniform Commercial Code, breach of contract and express and implied indemnification. Alleging damages in excess of $75,000, Kellogg also seeks a declaratory judgment that it is not liable for payment of $3.3 million in materials still in the packaging company’s possession or for the $1.04 million in defective liners provided to Kellogg. According to the complaint, the packaging company has demanded payment for the liners and the materials used in their production.
The Michigan Liquor Control Commission (MLCC) has rescinded “the approval of all alcohol energy drinks [AEDs],” citing “widespread community concerns aired by substance abuse prevention groups, parent groups and various members of the public, as well as the Food and Drug Administration’s (FDA’s) decision to further investigate these products.” According to a November 4, 2010, press release, the commission also believes that AED packaging “is often misleading, and the products themselves can pose problems by directly appealing to a younger customer, encouraging excessive consumption, while mixing alcohol with various other chemical and herbal stimulants.” The MLCC’s order gives retailers 30 days to remove AEDs from commerce and includes a list of affected products. “The Commission’s concern for the health, safety and welfare of Michigan citizens and the fact that there is not enough research to validate that these products are safe for consumption has made me believe that until further…
California and Michigan have adopted laws that animal welfare groups have reportedly heralded as landmark legislation. Governor Arnold Schwarzenegger (R-Calif.) signed a bill (S.B. 135) prohibiting tail docking of dairy cows, a “ common and cruel mutilation,” according to the Humane Society of the United States. The California bill takes effect January 1, 2010. Michigan Governor Jennifer Granholm (D) signed a bill (H.B. 5127) requiring that certain farm animals be provided enough room to stand up, turn around and extend their limbs rather than being confined in cages that impede their movement. “All animals deserve humane treatment, including those raised for food,” said the head of the humane society about the Michigan bill, which phases out veal crates for calves within three years, and battery cages for laying hens and gestation crates for breeding sows within 10 years. See Humane Society of the United States Press Releases, October 12, 2009.
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