RETAIL DIGITAL NETWORK, LLC v. APPELSMITH

No. 13-56069.

810 F.3d 638 (2016)

RETAIL DIGITAL NETWORK, LLC, Plaintiff-Appellant, v. Jacob APPELSMITH, as Director of the Alcoholic Beverage Control Board, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed January 7, 2016.


Attorney(s) appearing for the Case

Olivier A. Taillieu (argued) and Raffi V. Zerounian , The Taillieu Law Firm, Beverly Hills, CA, for Plaintiff-Appellant.

Kamala D. Harris , Attorney General, Alicia M.B. Fowler , Senior Assistant Attorney General, Jerald L. Mosley , Supervising Deputy Attorney General, and Gabrielle H. Brumbach (argued), Deputy Attorney General, Los Angeles, CA, for Defendant-Appellee.

Before: SIDNEY R. THOMAS, Chief Judge, CONSUELO M. CALLAHAN, Circuit Judge and EDWARD R. KORMAN, Senior District Judge.


OPINION

California Business and Professions Code Section 25503(f)-(h) forbids manufacturers and wholesalers of alcoholic beverages from giving anything of value to retailers for advertising their alcoholic products. Thus, for example, a liquor store owner in California can hang a Captain Morgan Rum sign in his...

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