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) which voted unanimously to deny the plaintiff’s petition for rehearing and rehearing en banc.

“This decision is a great victory for the people of Washington State, and it upholds the right of states to set alcohol policy as their citizens see fit,” said NBWA President Craig Purser. “As America celebrates 75 years of effective alcohol regulation since the repeal of Prohibition and the passage of the 21^st Amendment, decisions such as these by the Ninth Circuit are important.”

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 State - helps advance a wide range of public policy goals and works to protect the citizens.

In January, the Ninth Circuit Court of Appeals largely overturned a lower court’s decision thus affirming the right of states to regulate alcohol. 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 Purser. “America’s beer distributors will continue to support effective, state-based alcohol regulation.”