Last Call: Tree House Brewing Reaches Agreement with Neighbors on Cape Cod; Mark Anthony Brands Drops Bang Mixx Lawsuit

Neighbors of Tree House Brewing Company’s Cape Cod taproom and the company have reached an agreement about on-site operations, according to a report in the Cape Cod Times.

The agreement follows what the Times called a “tumultuous spring,” which included Tree House’s first summer season in Sandwich, Massachusetts. Local residents of Town Neck Road expressed concerns over the past few months about noise, traffic, lack of parking, and allegedly inaccurate permitting.

The new agreement between residents, the town, and the brewery, will allow Tree House to have 19 retail-to-go and customer parking spots next to the brewery, with additional off-site parking outside of the Town Neck neighborhood in a yet-to-be determined location. The town will work with residents to create a residential parking program in the area.

Additionally, Tree House is required to limit beer consumption between Memorial Day and Labor Day to three beers per person per day. Curbside pickup must end by 6 p.m.

Tree House bought the 98 Town Neck Road facility and adjoriting 3 Freeman Avenue property in November 2020 for $1.275 million. The brewery has yet to set an opening date for its taproom, but is operating curbside pick-up.

Mark Anthony Drops Bang Energy’s Mixx Hard Seltzer Lawsuit

Mark Anthony Brands’ has dropped its lawsuit against Bang Energy, which accused Bang’s Mixx hard seltzer of infringing on Mark Anthony’s MXD canned cocktail trademark.

In its motion to dismiss, Mark Anthony said Bang’s parent company, Florida-based Vital Pharmaceuticals Inc., “intend to change the name of their malt beverage products,” and will “abandon their applications in the United State Patent and Trademark Office to register the Mixx trademark.” All remaining inventory of Mixx products will be promptly sold off.

In a letter to U.S. District Judge Debra Freeman, Vital agreed to dismiss the case, but indicated that it does “contest some of the facts contained in [Mark Anthony’s] motion.” However, Vital is “loathe to file further materials in the public record regarding confidential settlement negotiations.”

Mark Anthony filed its lawsuit in April, arguing consumer confusion over the similar product names, as well as similar cocktail-inspired flavors and retail locations.

Molson Coors Announces Expected 2022 Fuel Surcharge

Molson Coors president of U.S. sales Kevin Doyle informed its distributor partners and senior executives of an expected 2022 fuel surcharge — the highest in the 10-year history of the National Distributor Council.

“Even though we have long-term contracts with carriers, driver shortages are forcing us to use transportation at spot rates – which are significantly higher than they have been in many years,” Doyle wrote in the letter. “Up to one in every four shipments right now are at these high-spot rates. While the team is doing everything they can to mitigate this issue, we cannot completely avoid this kind of inflation.

“The markets don’t see transportation availability or costs improving heading into 2022. Unfortunately, this means we’re going to see a significant increase in the freight and fuel costs that we split 50-50 with you based on the freight and fuel program we established with the National Distributor Council in 2012.” he continued.

Molson Coors is expecting the surcharge to range between $0.19 to $0.21 per case equivalent, increased from 2021’s surcharge of $0.067 per case equivalent. Doyle said a number will be finalized in December. He credited the increase to three core factors:

  • High freight and fuel costs in 2021, causing a true-up in 2022;
  • Freight and fuel inflation forecasts for 2022;
  • The end of a $0.018 credit from lower 2020 costs, which limited the 2021 surcharge from $0.085 per case equivalent to $0.067.

“We are taking action to mitigate the impact of the volatile freight market on all of us,” Doyle said. “We are adding dedicated trailer fleets to some of our breweries. We have significantly increased the amount of beer we ship via intermodal and rail, and we will continue to do so in the coming years.”

Schilling Beer Owner to Run for Congress

Schilling Beer Company owner Jeff Cozzens filed his declaration of candidacy Monday to run for New Hampshire’s 2nd District U.S. House seat in 2022.

The seat is now held by five-term Rep. Annie Kuster, a Democrat.

Cozzens, a Republican, is a member of the Community College of New Hampshire board of trustees, and the state Commission of Demographics, and a former member of the Commission on Beer, Wine, and Liquor Tourism, and former president of the New Hampshire Brewers Association.

He is also a former employee of the U.S. State Department, and spent time as a private consultant for government agencies, including the Department of Defense, advising on combatting Islamic terrorism.

Littleton, New Hampshire-based Schilling produced 1,600 barrels of beer in 2020, according to the Brewers Association (BA).

Untold Brewing Signs With Sheehan in Massachusetts

Massachusetts-based Untold Brewing has signed a distribution deal with Sheehan Family Companies.

Sheehan will have exclusive brand rights for Untold in Massachusetts, with the exception of Plymouth County, and the towns of Weymouth and Cohasset, where Untold will continue self-distribution.

“Sheehan’s exceptional infrastructure, reach, and commitment to customer experience align with our mission and vision to bring Untold to more of Massachusetts,” Untold founder Matt Elder said in a press release.

Untold products will be available as early as next week via L. Knife & Son, Craft Boston, and Seaboard Products.

Untold’s output increased +29% in 2020, to 2,301 barrels of beer, according to the BA.

Pocono Brewery Up for Sale

Swiftwater, Pennsylvania-based Pocono Brewery Company, including its winery, two restaurants, and hotel pad site, have been listed for sale by Legend Properties.

The sale includes 5.35 acres, with a 12,000 sq. ft. restaurant and 5,000 sq. ft. covered patio, with municipal approvals for future construction of a 90 room, four-story hotel, according to the listing.

A-B’s Brewers Collective to Release Variety 24-Pack

Anheuser-Busch InBev will release a “24 Beers of Cheer” variety pack this holiday season, featuring 13 different styles of beer from seven craft breweries in the company’s Brewers Collective division.

The 24-pack will include beers from Elysian Brewing, Golden Road, Goose Island, Kona Brewing,10 Barrel, Redhook, and Widmer Brothers.

“Many variety packs are centered around a common beer style, like IPAs or pumpkin beers, to name a few. The 24 Beers of Cheer Pack offers a much broader range of beer styles,” Ryan Daley, master Cicerone and senior educator at A-B, said in a press release. “Even the variety packs that do include multiple beer styles don’t come close to having this level of variety to explore and enjoy. Blonde Ale, check. Fruited sour, check. Milk stout and porter, check, check. Pale Ale, Hazy IPA, Imperial IPA, check, check, check.”

The pack will also come with pairing notes, with a designated microsite for fans to track their experience.