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Constitutional Law Keyed to Choper
Brown-Forman Distillers Corp. v. New York State Liquor Authority
Citation:
476 U.S. 573 (1986)Facts
Brown-Forman Distillers Corporation sold liquor in New York and other states. New York’s Alcoholic Beverage Control Law required distillers to file monthly price schedules and affirm that their prices to New York wholesalers were no higher than the lowest price charged to wholesalers in any other state during the same month. Beginning in 1978, Brown-Forman offered promotional allowances (cash payments credited against amounts due) to wholesalers in states other than New York. The New York Liquor Authority determined that these allowances effectively lowered the price in other states below the New York price, violating the affirmation requirement. Brown-Forman argued that the law unconstitutionally regulated interstate commerce by preventing it from lowering prices in other states during the period when its New York prices were in effect, and by forcing it to abandon its promotional allowance program in states where it was legal.
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