First Amendment - Marketing Restrictions - Microbrewery edition

Adler @ Volokh:

Factual claims about products receive First Amendment protection, albeit the slightly diminished level of protection afforded commercial speech. In Rubin v. Coors Brewing Company (1995) the Supreme Court unanimously concluded that the federal government could not prohibit the disclosure of alcohol content on beer labels.  Under this decision, it’s hard to see how a government agency could prohibit the simple listing or disclosure of beer ABV-content on bar menus, placards, and the like.  While the court in Rubin noted that the government could have a substantial interest in discouraging “strength wars” among beer makers, this interest could not justify a blanket ban on disclosing alcohol content.