Lawsuit against Missouri liquor advertising rules prevails

Several years ago, the Missouri Broadcasters Association and others brought a lawsuit against the state of Missouri in an attempt to rectify behaviors in the marketplace that unfairly subject Missouri based media companies at a disadvantage to foreign internet based companies in regard to advertising of alcohol products that use price as an inducement. That case was dismissed by the US District Court for the Western District of Missouri.

The dismissal was appealed to the Eighth Circuit and the court overruled the dismissal and sent the case back to the US District Court for the Western District of Missouri for trial.

Monday, the US District Court ruled that Missouri’s regulations and statute on alcohol advertising violate the First Amendment to the United States Constitution and permanently enjoined the state Division of Alcohol and Tobacco Control from enforcing them.  The ruling also awarded the plaintiffs with attorney’s fees.