American Beverage Association v. Snyder
- Case Date: 12/9/2011
- Project Name: Criminalization of Free Enterprise - Business Civil Liberties Program
On November 29, 2012, the U.S. Court of Appeals for the Sixth Circuit reversed a lower court decision upholding a controversial Michigan law that, on its face, purports to regulate the permissible markings on beverage containers in all 50 states. The decision was a victory for WLF, which filed a brief filed in support of the American Beverage Association—a trade association of manufacturers, marketers, distributers, and bottlers of America’s most popular nonalcoholic beverages—arguing that the Constitution does not permit Michigan to extraterritorially regulate the national marketplace for beverages. The appeals court agreed with WLF that the Commerce Clause, by removing the power to regulate interstate commerce from the states and giving that power exclusively to Congress, precluded the Michigan legislature’s attempt to control conduct beyond the State of Michigan.
More Information and Downloads:
12/9/2011: Download the Brief
Litigation Update: Court Overturns Michigan’s Attempt To Regulate Interstate Commerce