American Beverage Association v. Snyder, et al.

NCLC urged the Sixth Circuit to strike down as unconstitutional a Michigan beverage container law that attempts to regulate the labels that manufacturers must place on beverage containers manufactured, distributed and sold in other states. In this case, Michigan effectively criminalizes the out-of-state sale of bottles that bear a Michigan-required label. In its amicus brief, NCLC argued that the Michigan law violates the Commerce Clause of the U.S. Constitution by regulating extraterritorial conduct outside the state. NCLC explained that the notion that one state can dictate how businesses conduct their affairs in other states is anathema to the most fundamental principles that animate the dormant commerce clause and that are essential to the orderly conduct of business across state lines. NCLC warned that failure to strike down the Michigan law would encourage the adoption of an amalgamation of overreaching state branding laws that could effectively bring interstate commerce to a halt, not only in the beverage industry but in other consumer product markets as well.

This case is not yet decided. 

Amicus brief filed 12/9/2011.