ALEXANDRIA, VA – The National Beer Wholesalers Association (NBWA) applauds today’s decision by the Ninth Circuit Court of Appeals in Costco v. Hoen (Washington State Liquor Control Board). By its opinion, the Court of Appeals largely overturns a lower court’s decision and affirms the right of states to regulate alcohol under the 21^st Amendment. The Ninth Circuit’s opinion unequivocally upholds Washington’s uniform pricing rule, delivered pricing requirement, volume discount ban, credit prohibition, central warehousing ban, minimum mark-up and retail-to-retail sales ban.

“Alcohol is different from toothpaste and chewing gum, and it should be regulated differently,” said NBWA President Craig Purser. “This ruling upholds the right of states to set alcohol policy as their citizens see fit. America’s beer distributors will continue to support state-based alcohol regulation.”

2008 marks the 75^th Anniversary of passage of the 21^st Amendment. The regulatory system that resulted from the passage of the 21^st Amendment - like the one in Washington - helps advance a wide range of public policy goals such as those recognized in the Ninth Circuit’s decision.