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Federal appeals court rules Michigan can impose separate regulations on out-of-state alcohol retailers

April 23, 2020

Via: Jurist

The US Court of Appeals for the Sixth Circuit ruled Tuesday that Michigan is allowed under the Twenty-first Amendment to impose separate regulations on out-of-state alcohol retailers. This includes a ban on direct alcohol shipments to consumers.

Michigan recently amended its Liquor Control Code to allow in-state retailers to deliver directly to consumers through state-licensed “third party facilitators” or common carriers. Lebamoff Enterprises, a wine retailer in Indiana, and several Michigan wine consumers filed suit, alleging that the new law violates the Commerce Clause and the Privileges and Immunities Clause.

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