For additional
information, please e-mail Scott Dickey or Jonathan Holtzman,
or call (415) 678-3800.
What
are the cases about?
Under California
law, any alcoholic beverage that contains any amount or kind
of distilled spirits must be classified, regulated, and taxed
as a distilled spirit. “Alcopops” are distilled-spirit
laced drinks to which manufacturers add sweet and fruity flavors
and carbonation to hide the fact that they contain alcohol.
Because alcopops do not have the harsh taste of alcohol or the
bitterness of beer, they are very popular among – and are
targeted to – underage drinkers. Alcopops popularity with
minors – particularly young women – contributes substantially
to the serious consequences of underage drinking in California,
including death or serious injury, car crashes, and sexual violence
among youth.
The two
California state agencies charged with regulating alcoholic
beverages – the Department of Alcoholic Beverage Control
and the State Board of Equalization – consistently refuse
to classify alcopops as distilled spirits, choosing instead
to classify them as “beer” in keeping with manufacturers’
marketing claims that these beverages are “flavored beer”
and “premium malt beverages.”
The Public
Law Group has filed two actions against the Department of Alcoholic
Beverage Control and the State Board of Equalization on behalf
of local governments, public interest groups, and concerned
individuals. Each lawsuit alleges that the state agency involved
has a ministerial duty to classify and regulate alcopops as
distilled spirits. Only the litigation against the State Board
of Equalization is currently pending.
What
Remedies Do the Lawsuits Seek?
