NASHVILLE, Tenn. (WKRN) — Attorney General Jonathan Skrmetti has filed a lawsuit against six online liquor stores accused of illegally selling booze to Tennesseans from out-of-state.
The lawsuit, filed in the United States District Court for the Middle District of Tennessee in Nashville on Friday, is seeking to immediately stop "the flow of illegal liquor shipments" through a preliminary and permanent injunction against the six companies.
Under Tennessee law, it is illegal for any person, firm or corporation to ship liquor directly to consumers from outside the state without first obtaining a license from the Tennessee Alcoholic Beverage Commission (TABC).
The lawsuit alleges that multiple online companies failed to do so. On Oct. 5, a special agent with the TABC was reportedly able to purchase one 750 milliliter bottle of Evan Williams Peach Whiskey from a website called Bottle Buzz and have it delivered to a Tennessee address.
Investigators believe Bottle Buzz and five other companies, which undercover agents were able to purchase and receive "unauthenticated and untaxed" alcohol from, have been illegally shipping distilled spirits to Tennesseans for some time.
"These shipments circumvented the state’s three-tier alcohol licensing system that protects consumers in Tennessee by monitoring the manufacture, distribution, and retail sales of all alcohol through state licensure," the Attorney General's Office said in a news release.
The other companies mentioned in the suit are Cask Cartel, Liquor Bros, My Bev Store, Prime Time Liquor and Wooden Cork. After the TABC's investigation, staff attorneys reportedly sent each company cease and desist letters by certified mail.
However, the lawsuit claims the companies ignored the letters and continued to ship distilled spirits to Tennesseans illegally. The lawsuit is asking for an injunction under the 21st Amendment Enforcement Act and civil penalties pursuant to the Tennessee Consumer Protection Act.
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Notably, this is the first time a Tennessee Attorney General has prosecuted a violation of law under the 21st Amendment Enforcement Act, which was passed by the United States Congress in 2000.
The Act allows state attorneys general to bring civil actions for injunctive relief against anyone believed to be illegally importing or transporting alcohol within the state.
“I am very happy that General Skrmetti decided to prosecute this case,” Russell Thomas, Executive Director of the TABC, said in a news release. “Our agents and staff worked hard to collect the evidence against these bad actors. Too often, we find websites operated by unscrupulous individuals willing to deceive consumers.”
from WKRN News 2 https://ift.tt/2XFvyl3
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