Kiley v. Calif. Dep't of Alcoholic Beverage Control
- Case Date: 5/12/2006
- Project Name: Criminalization of Free Enterprise - Business Civil Liberties Program
On May 24, 2006, the California Supreme Court issued an order declining to review the dismissal of a suit designed to impose significant restrictions on flavored malt beverage (FMB) sales by increasing taxes and prohibiting their sale in convenience and grocery stores statewide. The decision was a victory for WLF, which had filed a brief urging that review be denied because the appeals court had acted properly in dismissing the suit. WLF argued that California's long-standing policy of classifying FMBs as "beer" for regulatory purposes fully complied with California law. WLF further argued that the appeals court properly deferred to the Department of Alcoholic Beverage Control's (ABC) interpretation of relevant statutes. WLF also argued that there is no evidence that sales of FMBs are targeted at those under 21.
|Victory; review denied.|
More Information and Downloads:
5/12/2006: Download the Brief