Legislative, Government Affairs & Legal Updates

Want to stand out at the Great American Beer Festival? Open your checkbook. At the 2019 GABF, put on by industry trade group the Brewers Association, large activations from deep-pocketed corporations took center stage, drawing throngs of beer drinkers to sprawling setups that included TVs, bar games and live music while 800 breweries pouring 4,000 beers scrapped for attention inside the Denver Convention Center.

In an effort to curb beer’s dwindling share of the broader alcohol market, three major trade associations — the National Beer Wholesalers Association (NBWA), the Brewers Association (BA) and the Beer Institute (BI) — have formed a group tasked with improving the health of the beer segment. During the NBWA’s annual convention Monday, outgoing chairman Jim Matesich announced the the formal launch of the “Beer Growth Initiative.” The effort is being spearheaded by alcoholic beverage consultancy Tamarron, along with leaders from the NBWA, BA and BI who are serving on a steering committee.

The faster beer companies embrace segments that are connecting with consumers, the quicker the overall industry can return to growth, Mike’s Hard Lemonade president Phil Rosse told thousands of wholesalers during the National Beer Wholesalers Association’s (NBWA) annual convention in San Diego. “I think that’s what’s ultimately going to give the industry its best chance to get back to growth,” Rosse said during a panel that also featured D.G. Yuengling & Sons Inc. COO Dave Casinelli and Dogfish Head Craft Brewery co-founder Sam Calagione.

Under the specter of Constellation Brands potentially forcing additional sales of its distribution rights in California, leaders from the National Beer Wholesalers Association stressed the importance of protecting state franchise laws to thousands of wholesalers and industry professionals attending the trade association’s annual convention in San Diego. NBWA chairman Jim Matesich, without naming Constellation Brands, pointed to trade press headlines from June when the beverage alcohol company forced Markstein Beverage Co. to sell its distribution rights in northern San Diego County to Reyes Beverage Group. “Terminations without cause, particularly of distributors that took risks and helped build those brands create distrust in trading partners,” he said.

Wine and spirits brands are cutting into the growth of the craft beer segment, according to Patrick Livingston, director of client insights for market research firm IRI. Livingston, who led yesterday’s Power Hour presentation hosted by the Brewers Association (BA), said craft beer dollar sales were up just 1.7 percent in IRI’s multi-outlet off-premise U.S. retail universe (excluding convenience stores) through July 8. Livingston added that craft has begun to plateau in off-premise channels, with volume sales leveling off since late March.

A record 7,000 breweries will be in operation in the United States in 2018, Brewers Association chief economist Bart Watson shared Thursday during the opening session of the California Craft Brewers Association’s Craft Beer Summit, Expo and Beer Festival in Sacramento. Watson called it a “virtual certainty” that the industry will reach that milestone this year, and more breweries are on the way with more than 9,000 active permits filed with the Alcohol and Tobacco Tax and Trade Bureau at the midway point of 2018.

In this week’s edition of Last Call: The Nevada Attorney General investigates MillerCoors; Stone seeks an injunction in its Keystone case; Almanac’s co-founder departs the company; and more news from the week.

The owners of two Texas craft beer companies are encouraging the state’s wholesalers to work with them on modernizing alcoholic beverage laws that bar manufacturing breweries from selling beer to go. During a Brew Talks panel discussion, held last week in conjunction with the National Beer Wholesalers Association Next Generation conference in Austin, Texas, Hops & Grain founder Josh Hare, who also chairs the Texas Craft Brewers Guild, argued that the “marriage” between suppliers and wholesalers should work more like a partnership and less like “a parent-child relationship.”

A bill signed into law last weekend by Illinois Gov. Bruce Rauner will allow the state’s breweries to purchase and sell guest beer and cider in their taprooms. Under House Bill 4897, the state will allow licensed Class 1 breweries (producing up to 30,000 barrels annually) and Class 2 breweries (making up to 120,000 barrels a year) to purchase beer and cider from either a wholesaler or a self-distributing brewery.

In this week’s edition of Last Call: Boston Beer founder Jim Koch dines with President Trump; Buffalo Wild Wings considers sports betting; Interior Secretary Ryan Zinke’s ties to a Montana brewery project come under scrutiny; a federal appeals court rejects a challenge to the MegaBrew merger; and more news.

In this week’s edition Last Call: Heineken takes a minority stake in a Chinese beer giant; ZX Ventures makes an e-commerce play in Australia; Toppling Goliath sues its former brewer; and more news from the week.

MillerCoors continues to battle a pair of high-profile lawsuits — including a trademark infringement case brought by Stone Brewing and another case from a Las Vegas beer wholesaler. Earlier this week, MillerCoors, the U.S. beer division of Molson Coors, responded to Stone Brewing’s motion for a preliminary injunction to prevent the sale of Keystone products in which the word “Stone” had been isolated.

A month after a bipartisan group of Congressional members called on the Department of Justice (DOJ) to investigate potential irregularities in the aluminum market, Platts, the group responsible for helping set the price of the metal purchased by thousands of U.S. beer companies, has vowed to offer greater transparency into current price assessments. Platts, which is owned by Standard & Poor’s and bills itself as “the leading independent provider of information and benchmark prices for the commodities and energy markets,” last week announced that it would begin publishing alternative pricing for non-tariffed aluminum and domestically available scrap, starting August 1.

California lawmakers are considering two new pieces of legislation — one that would expand retail sales privileges for the state’s brewpubs and another bill, backed by Anheuser-Busch InBev, that would allow beer manufacturers to give away glassware to bars and restaurants.