Beer Marketer's Insights
Our pickup yesterday of story about Aussie regulators confiscating energy drinks with caffeine dosages exceeding the allowable limit drew response from Ghost cofounder/CEO Dan Lourenco that paints interesting picture of seemingly wide-open market there. Per story we picked up, regulators seized about 700 drinks from South Australian retailers including items from G Fuel, Bang, Raze, C4, Ghost, Ryse Fuel, 3D and Redcon1 (BBI, Jul 25).
Loom, the youthful-skewing canned juice brand created by longtime distributor Bill Butrymowicz of Seaview Beverage house in NJ, is out the gate now, starting with fellow members of the informal Northeast Independent Distributors' Assn (NIDA). Picking up the brand alongside Seaview itself are Metro Beverage in greater Philadelphia area, High-Grade Beverage and Fischer Thompson in NJ, Dana Distributors in NY's Hudson Valley and B&E Juice in Conn, Bill reported to us today. We'd profiled the brand this past spring (BBI, Jun 11).
Any room for confusion or lack of clarity around how Iowa will regulate consumable hemp products went up in smoke when the state's Dept of Health & Human Services published its final rules last wk, a fed judge in the state ruled yesterday. Or, as they put it: "the issue of vagueness . . . changed significantly" and "the statutory gaps that were identified previously are no longer extant." For the 2nd time this mo, the judge denied a request by a pair of hemp bev makers, Climbing Kites (Big Grover Brewing) and Field Day Brewing, for a preliminary injunction to block the implementation of the state's new law. With rules finalized, "there is no longer a viable argument that 'serving' . . . is an unconstitutionally vague term," the judge confirmed. Indeed, in its final filing earlier this week, Field Day did not dispute that the state clearly defines the term "serving," the judge pointed out. Instead, the co merely argued "that the administration of the program has not been consistent." The judge acknowledges their "complaints about the rollout and administration of the law" and has even "echoed" those concerns. But their constitutional right to clear, enforceable laws has not been violated, the judge confirmed. Granting a preliminary injunction is an "extraordinary remedy" and the standard here "is incredibly high," they remind. "Speculation" and "supposition" about improper enforcement won't cut it here. Such arguments from the bev producers will need to be made in a different case at a different time.
Innovation brings many benefits, as Nestle CEO Mark Schneider explained to his investors yesterday during co's half-year update. New launches "reinforce brand and product differentiation." They "drive incremental sales." They "offer retail partners broader consumer value propositions." Innovation "fuels mix growth and premiumization." Great benefits, all. But Schneider might have needed more of a reminder of that himself than his listeners did, given conglomerate's proudly stunted innovation slate in recent years after pandemic-era sku-slashing program became a "full-scale strategy," as Schneider had boasted a year and a half ago (BBI, Feb 16 2023). But, as Schneider heralded yesterday, that was then. This year the pendulum has swung the other way at Swiss-based CPG giant.
Just added to the speaker slate for our 30th annual Beer Insights Seminar this November in NYC: New Belgium CEO Shaun Belongie. Overseeing by far the top craft growth portfolio of the last several years, Shaun will join presidents of other top bev alc growth companies speaking at the Seminar, including Constellation's Jim Sabia and Sazerac's Jake Wenz.
Fed Judge Allows New Iowa Hemp Rules to Take Effect, Denies Preliminary Injunction for 2nd Time
Any room for confusion or lack of clarity around how Iowa will regulate consumable hemp products went up in smoke last wk when the state's Dept of Health & Human Services published their final rules, a fed judge in the state ruled yesterday. Or, as they put it: "the issue of vagueness…changed significantly" and "the statutory gaps that were identified previously are no longer extant." For the 2nd time this mo, the judge denied a request by a pair of hemp bev makers, Climbing Kites (Big Grove Brewing) and Field Day Brewing, for a preliminary injunction to block the implementation of the state's new law. With rules finalized, "there is no longer a viable argument that 'serving'...is an unconstitutionally vague term," the judge confirmed.
Another pair of craft brewers is teaming up in Covid's long-rippling aftermath. And it's 2 of Minneapolis, MN's longstanding breweries at that. Finnegans Brew Co will shift production to Fulton Brewery's facility, cos announced this wk, calling it a "residency at Fulton." Finnegans beers will also be available on draft and to go at Fulton's taproom starting this fall, tho Finnegans will close its taproom at end of Aug.
Tilray's reportedly shuffling assets around between brand fams in Colorado. SweetWater's Ft Collins brewery and taproom will transition into a Breckenridge brewery and taproom, according the Coloradoan, and other local media. The transition is expected to happen pretty quick, it seems, as Breckenridge plans to celebrate the "opening" of the rebranded facility and taproom on Aug 17 and the brewery will continue to employ 40, including SweetWater head brewer Ryan Joy, who's been working out in Ft Collins.
Cincy's Urban Artifact Sues PA to Lift Restrictions on Direct Shipments; New Legal Advocates Emerge
Another small out-of-state brewer filed a federal lawsuit to expand direct shipping privileges for beer. This time it's Cincinnati-based Urban Artifact taking on Pennsylvania's limitations on direct beer shipments from out of state that don't apply to shipments from in-state brewers. But unlike earlier suits making dormant Commerce Clause arguments to topple restrictive alc bev laws, many of which have been filed by a single set of plaintiffs' attys, this suit emerges from the Pacific Legal Foundation.
Another top-tier craft beer portfolio has new leadership in place. Monster Brewing prexy Tony Short will depart company later this yr, co announced internally earlier this week. Veteran Monster exec Ray LaRue has taken over as Monster Brewing prexy and Tony will stick around for transition period. Ray listed as sales veep for Hansen Beverage on LinkedIn, which sez he joined co in 1997. Site doesn't list any beer experience, so it will be interesting to see how co changes on his watch. (A version of this article first appeared in sibling pub INSIGHTS Express.)

