Liquid Honesty: The First Amendment Right To Market the Health Benefits of Moderate Alcohol Consumption

For several years, wine makers have sought to advertise and otherwise promote scientific research showing that moderate drinking can have beneficial health effects. The federal govermnent, however, has largely blocked the wine makers’ efforts, contending that advertisements or labels referring to alcohol’s potential health benefits would almost invariably mislead consumers into discounting alcohol’s numerous dangers. In this Note, Erik Bierbauer argues that wine makers and other alcohol producers have a First Amendment right to market the health benefits of moderate drinking, as long as they do so accurately and include certain limited disclaimers in their promotional materials