California Tied House Challenge Back Under Review

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The previously decided Retail Digital Network (RDN) case, involving the ability of a third-party business to provide advertising paid for by suppliers or distributors to retailers, in which the court upheld a prohibition on such a service will now undergo an en banc review by the Ninth Circuit Court. RDN’s case is a challenge of California tied-house laws based on an alleged violation of First Amendment free speech rights, while those disputing RDN’s case, including the California Craft Brewers Association, cite economic regulation rather than free speech as the basis of the existing tied-house statutes. The Brewers Association has joined the CCBA in an amicus filing in the latest round of review.

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