Department of Alcoholic Beverage Control v. Alcoholic Beverage Control Appeals Board

Opinion

RICHLI, J.

This petition requires us to determine the legality of a practice in which respondent Anheuser-Busch, Inc. (Anheuser-Busch) purchases its own products in bars or other drinking establishments, and offers customers the opportunity to exchange its product for whatever brand they are currently drinking. (The practice is commonly known as “trade spending” or “trade sampling.”) Petitioner, the Department of Alcoholic Beverage Control (Department), attempted to put an end to the practice, but, after administrative proceedings, 2 the Alcoholic Beverage Control Appeals Board (Board)…