Michigan utilizes 21st Amendment Enforcement Act against two out-of-state retailers
Back in July Ohio became the first state to utilize the 21st Amendment Enforcement Act against out-of-state retailers shipping wine into the state.
Three months later, Michigan filed suit against two entities, the state seeks a preliminary and permanent injunction pursuant to the 21st Amendment Enforcement Act.
In Go to Gifts case, the complaint alleges that they sold product to Michigan consumers, via a Michigan investigator ordering from them and the state issued Go To Gifts a cease and desist order which they ignored. Roughly five months later a Michigan agent ordered a package from Go to Gifts and received the package. The State is utilizing this as evidence that Go To Gifts violated the Michigan Liquor Control Act and the Michigan Consumer Protection Act.
The State seeks a preliminary and permanent injunction enjoining defendant from continuing to violate Michigan law.
Vinter’s Collective similar to Go To Gifts delivered wine ordered by a state investigator subsequent to receiving a cease and desist letter from the state.
The state alleges neither business was licensed to ship liquor legally to Michigan residents. Any business shipping liquor in the state of Michigan requires a license.
More to follow soon on these cases.