Last Call: Federal Judge Sides with CANarchy on Texas Beer To-Go Sales; Kirin Cutting Ties in Myanmar

Federal Judge Sides with CANarchy on Texas Beer To-Go Sales

CANarchy-owned Deep Ellum Brewing and Oskar Blues are now selling beer-to-go in Texas after a federal judge sided with the company in a legal dispute with the state’s regulatory agency.

In September 2019, manufacturing craft breweries in Texas gained the ability to sell up to one case of beer (288 fl oz.) a day for off-premise consumption, which counted against an existing 5,000 barrel cap on at-the-brewery taproom sales. However, the law excluded breweries whose operations collectively produced more than 225,000 barrels of beer, such as CANarchy members Deep Ellum (Dallas) and Oskar Blues (Austin) due to the combined barrelage of the rollup’s breweries, including Cigar City Brewing, Three Weavers, Squatters Craft Beers, Wasatch Brewery and Perrin Brewing, exceeding the 225,000-barrel threshold.

However, U.S. District Judge Robert Pitman last week sided with CANarchy, which had sued the Texas Alcoholic Beverage Commission over the exclusion, according to Eater Dallas. In his ruling, Pitman determined that the law does not apply to breweries that lease property and “includes only barrels of malt beverages produced by the brewer at all premises owned by the brewer and does not include barrels of malt beverages produced by the brewer at premises leased by the brewer.”

“We started selling as soon as we heard the ruling,” CANarchy president Matt Fraser told Brewbound. “It’s nice that we’ll be able to get the freshest beer possible in package format to our consumers along with the other craft breweries in the state.”

The inability to sell beer to-go, combined with the pandemic, doomed a CANarchy outpost last year. In July, the company shuttered its Deep Ellum taproom in Fort Worth.

Oskar Blues Expands in Brevard

In other CANarchy news, the company will lease a 30,375 sq. ft. facility in Brevard, North Carolina, to “expand brewing, canning and overall operational capacity” for its Oskar Blues operations in the state.

“In 2020, our Brevard facility will produce over 200,000 barrels,” Thomas Transue, Oskar Blues general operations manager, said in a release. “The addition of the Sylvan Valley Industrial Center site will allow our facility some much needed flexibility to increase capacity, hire more employees and ship more product. We can’t wait to get started.”

As part of the expansion of its Brevard operations, where Oskar Blues has operated a production brewery since 2012, the company plans to add 10 new full-time jobs by the end of the year. CANarchy now employs more than 115 full-time employees in Brevard.

Kirin to Cut Ties to Myanmar Partner Due to Military Ties

Japan’s Kirin Holdings is cutting ties with a Myanmar brewery partially owned by military generals who overthrew the government this week, The Guardian reported.

In a statement, Kirin Holdings president and CEO Yoshinori Isozaki said he was “deeply concerned by the recent actions of the military in Myanmar, which are against our standards and Human Rights Policy.”

“We decided to invest in Myanmar in 2015, believing that, through our business, we could contribute positively to the people and the economy of the country as it entered an important period of democratization,” he said. “Our aspiration was and remains to create a positive impact on Myanmar’s economy and society through our operations at Myanmar Brewery Limited and Mandalay Brewery Limited.

“Given the current circumstances, we have no option but to terminate our current joint-venture partnership with Myanma Economic Holdings Public Company Limited, which provides the service of welfare fund management for the military,” he continued. “We will be taking steps as a matter of urgency to put this termination into effect.”

Human rights groups have called on Kirin to sever ties with the two breweries. The issues with Kirin in Myanmar bubbled up in the U.S. after Kirin-owned Lion Little World Beverages reached a deal to acquire New Belgium Brewing Company.

Bonfire Brewing Co-Founder Andy Jessen Killed in Avalanche

Andy Jessen, the co-founder of Bonfire Brewing in Eagle, Colorado, died in an avalanche on February 1, according to Denver alt-weekly newspaper Westword.

Jessen was skiing with his friends, Adam Palmer and Seth Bossung, who also died in the avalanche, on the San Juan Mountains.

Jessen co-founded Bonfire in 2010 with his wife, Amanda. A Gofundme has raised nearly $57,000 for Amanda and the Bonfire team. A MealTrain has also been set up to offer meal support to the Bonfire team.

“Over the last decade, Bonfire Brewing founders and community evangelists Andy and Amanda Jessen have taught the Eagle community what it means to gather ’round,” the Gofundme says. “Now it’s our turn to lend support back to the BonFamily as they navigate this terrible accident involving one half of their team of fearless leaders. Among so many other roles, Andy is a steward for conservation, an ambassador of our town, a people-focused leader, an engaged friend and family member, the proudest of dog dads, and the sincerest of partners to the love of his life Amanda.

“With so much uncertainty around this event we thank you for your contributions’ to The Bonfire Family’s unexpected expenses.”

Heineken Takes Full Stake in Brixton Brewery

More than three years after acquiring a minority stake in London-based Brixton Brewery, Heineken has completed its purchase of the craft brewery.

In a blog post earlier this week, Brixton’s owners announced that Heieneken would fully acquire the brewery.

“This will mean a bright future for our community-based business,” they wrote. “The founders of Brixton Brewery will continue to lead the brewery’s day-to-day operations and strategic and creative direction. In other words, we will still be smashing out your favourite beers fresh from South London, brewed by the same bunch of eccentric beer visionaries and inspired by the flavours of Brixton.”

The founders added that the sale will help “secure the future of Brixton Brewery for our team, our families, our community and fans of our beers, who’ve been hugely supportive of our success.”

Oregon Hard Seltzer Maker Attempts to Shut Down Michelob Ultra Seltzer Ads

Oregon hard seltzer maker Suzie’s Brewery has filed for a temporary restraining order in the U.S. District Court in Portland in an attempt to prevent Anheuser-Busch from broadcasting ads for Michelob Ultra Organic Seltzer, including during the February 7 Super Bowl, according to the Portland Business Journal.

At issue is A-B’s claims that Michelob Ultra seltzer is a “first-of its-kind organic option to the hard seltzer category,” the “first USDA-certified organic hard seltzer,” the “first National USDA Certified Organic Hard Seltzer,” and the “first-ever national USDA certified organic hard seltzer,” the outlet reported.

“Anheuser-Busch’s statements regarding Ultra Seltzer, and in particular its statements that it is the ‘first’ and ‘only’ USDA organic certified hard seltzer are false,” the lawsuit says. “Suzie’s Seltzer, also has a national USDA organic certification, and was available on the market well before Ultra Seltzer. In addition, there are several other hard seltzer brands on the market that have USDA organic certification.”

In communications to media outlets, A-B has promoted Michelob Ultra seltzer as the “first-ever nationally distributed USDA certified organic hard seltzer.”

According to the Portland Business Journal, Suzie’s seltzer is sold in Oregon, Idaho, New Jersey, Washington and Wyoming.

A-B told the Journal that Michelob Ultra seltzer “is the first national hard seltzer that is USDA-Certified Organic,” and the company is “looking forward to vigorously defending this factual statement.”

Joe Montana Discusses What It Means to be the GOAT in Guinness Super Bowl Ad

Diageo had teased a regional Super Bowl ad for Guinness. Here’s the 60-second spot, featuring former San Francisco 49ers, Kansas City Chiefs and Notre Dame Fighting Irish quarterback Joe Montana ruminating on what it means to be the G.O.A.T. (greatest of all time). Montana strikes an optimistic tone while explaining that greatness isn’t just stats or individual success but overcoming adversity and making everyone around you better.

The ad will air during CBS’ pre- and post-game coverage in Los Angeles, San Francisco, Orlando, New York City, Chicago and Boston. During the game, the ad will be broadcast in the San Francisco, Orlando and Chicago markets.

Constellation Brands Expands Regional Super Bowl Media Investment

Constellation Brands is expanding its regional media buy for the Super Bowl for its Corona, Modelo and Funky Buddha Hard Seltzer brands.

Constellation will launch a new 30-second Modelo “Fighting Spirit” ad featuring artist Mr. Cartoon, which will be broadcast in New York, Boston, Chicago, Houston, Dallas, Los Angeles, San Francisco, Las Vegas, Denver, and Sacramento.

As for Corona, the company will air its 30-second “Shellphone” commercial featuring Snoop Dogg and Bad Bunny in New York City, Boston, Chicago, Philadelphia, Atlanta and Washington, D.C.

In the lead up to the game, the company is continuing its Corona campaign to find a fill in for CBS NFL announcer Tony Romo on the Corona Hotline, including auditions by Snoop Dogg and Guillermo from Jimmy Kimmel Live.

Russian River’s Pliny the Younger Sells Out Fast

Russian River’s January 28 online sale of its coveted Pliny the Younger mixed case proved to be just that, selling out in five minutes but leaving many people disappointed, which brewery founders Natalie and Vinnie Cilurzo acknowledged in an email to newsletter subscribers and on social media later that day.

“We understand that many of you may be very upset about not getting the Younger mixed case. For that we are sincerely sorry,” they wrote.

The Cilurzos added that 110,000 active users were on the site trying to buy the beer at the same time. Although the site didn’t crash, not everyone made it from getting Pliny in their carts to the checkout finish line.

“With 110,000 people essentially ‘in line’ to buy the same thing, we were bound to run out before everyone checked out,” they wrote. “Trying to release Pliny the Younger during a global pandemic with major restrictions to our business operations has posed many challenges for us as well. It is certainly not ideal but we are doing the best we can given the circumstances. We made as much Younger as we can physically handle repacking and shipping from our brewery. It will take us two solid weeks to get all of these orders packed and shipped out! This was always intended to be a one-time only online Younger release. We plan to resume our normal in-person release next year along with draft distribution.”

The Cilurzos thanked everyone for their support and said they hope to get together with everyone in person next year.