Integrated Beverage Group Ltd. v. New York State Liquor Authority

OPINION OF THE COURT

Friedman, J.

At issue on this appeal is the refusal of respondent State Liquor Authority (SLA) to approve the proposed labeling of an alcoholic beverage known as “Freaky Ice,” which is to be sold in grocery and convenience stores. As the name implies, “Freaky Ice” (characterized on the labels as a “malt beverage with natural flavors”) is intended to be consumed when frozen solid, which is unusual for alcoholic beverages. Like many ice treats appealing to children, “Freaky Ice” is packaged in packets, from which a person apparently extrudes the frozen product to consume it.…