Garden Path Fermentation, a beer, cider, mead, and fruit wine producer based in the Skagit Valley, Washington, joined by a consumer plaintiff, said it sued Alcohol & Tobacco Tax & Trade Bureau challenging a federal rule that prohibits producers of cider, mead, and fruit wine from listing “vintage” years on their labels.

The rule violates the First Amendment by suppressing truthful commercial speech without evidence of consumer harm and without a reasonable justification, Garden Path argues. The plaintiffs also allege that the rule is arbitrary and capricious under federal administrative law.

TTB wasn't able to immediately respond to a request for comment.

“Vintage information is basic agricultural information,” said Justin Leigh, counsel for the plaintiffs. “Consumers understand what a vintage year means, regardless of whether the product is made from grapes, apples, or honey. There is no rational basis for the government to allow this information for grape wine while censoring it for other wine products.”

Leigh brings extensive firsthand experience in the cider, wine, and beer industries. A former owner of Dwinell Country Ales, a Goldendale, Washington–based producer that brewed beer and produced wine and cider, he is also the owner and farmer of his own cider fruit orchard, giving him direct experience with agricultural production, harvest variability, and the importance of vintage information to both producers and consumers.

In addition to his industry background, Leigh has been involved in prior litigation challenging restrictive alcohol regulations. He previously facilitated litigation against the Oregon Liquor and Cannabis Commission involving brewery self-distribution, in which Garden Path Fermentation was a plaintiff. He is currently counsel in a federal constitutional challenge against the Washington State Liquor & Cannabis Board concerning direct-to-consumer sales restrictions imposed on out-of-state distilleries. That case, which alleges that Washington’s statutory scheme unlawfully discriminates against interstate commerce and violates constitutional protections, is on appeal before the Ninth Circuit.

“Having worked as a producer, farmer, and attorney in this space, I’ve seen how these rules affect real businesses and real consumers,” Leigh said. “This case is about transparency, free speech, and treating cider, mead, and fruit wine with the same respect afforded to grape wine under federal law.”

The lawsuit highlights a striking inconsistency in federal regulation: cider, mead, and fruit wine containing less than 7% alcohol by volume are regulated by the Food and Drug Administration (FDA), which does not require pre-approval of labels and permits truthful vintage information. Once those same products exceed 7% alcohol, however, TTB prohibits vintage statements altogether.

The plaintiffs are seeking declaratory and injunctive relief to prevent TTB from enforcing the vintage prohibition against cider, mead, and fruit wine producers. They are not seeking damages.