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Alcopops

News Release 

Public Health Advocates File Suit Following Alcopops Ruling

A major step in a long debate over the classification of the kid-friendly products

OMAHA, NEB. – The Public Health Association of Nebraska (PHAN) and PRIDE-Omaha, Inc., join Project Extra Mile and parent, Mary Doghman, in their suit against the Nebraska Liquor Control Commission over its rule to classify alcopops as beer, contrary to Nebraska law.

As of last month, the attorney general and governor gave their approval to uphold the rule that illegally classifies alcopops at the expense of youth and taxpayers. If properly classified, alcopops would be taxed at a rate 12 times higher, increasing the tax from $.31/gal for beer to the appropriate distilled spirit tax rate of $3.75/gal, generating at least $2 million in tax revenue annually for the state.

“From a legal standpoint, Nebraska law is clear,” said Vince Powers, legal counsel for the plaintiffs. “The law indicates that if any alcohol is derived from distillation it should be classified and regulated as such. We’re anxious to get the law clarified by the courts and put an end to a long-standing misclassification and begin collecting the millions of tax dollars owed to the state’s taxpayers.”

Nebraska is among a handful of states that has waged a battle against the misclassification of alcopops which, for the past six years, provided a tax and regulatory advantage to the alcohol industry within the state.

“We’ve fought long and hard to stand in the gap for children and prevent youth access to alcohol,” said Diane Riibe, executive director for Project Extra Mile. “Only to be met by a system that does little to address an industry that continues to exploit our children with alcopops, a product consumed primarily by 8^th-grade, female drinkers.”

Limiting youth access by price is an effective way to prevent youth access to alcohol, a recommendation from the 2003 Institute of Medicine’s report to Congress on underage drinking and reiterated by the Surgeon General’s Call to Action on Reducing and Preventing Underage Drinking in 2007.

To arrange interviews with plaintiffs, please contact Project Extra Mile.

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