Proud to represent @AtlasBrewWorks in its First Amendment shutdown challenge. Can the government silence you because the speech-licensing office is closed? Complaint https://t.co/FLDzYyYhyG TRO https://gurapllc.com/wp-content/uploads/2019/01/3-motion_TRO_PI.pdf
— Alan Gura (@alangura) January 15, 2019
The ATF must give approval of the label on any alcoholic beverage sold in U.S. interstate commence. Since the ATF licensing center is currently shut down with no known reopening date some companies have their new products on hold for fear of prosecution if they were to proceed without approval.
2nd Amendment champion Alan Gura is asking the court to ignore the requirement on 1st Amendment grounds until the government shutdown is over and the process for label approval is available.
I think the whole requirement for permission for labeling your product is bogus and should be completely thrown out. False labeling should be addressed but not in the form of requiring prior permission. But one step at a time.