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For example, a new brewery attempting to differentiate itself from the more than 5,400 beer companies now operating in the United States may talk themselves out of using “a clever, witty name that might have a double entendre” for fear of running afoul of the BA’s policy.

“It’s an awful policy because it’s nonobjective,” Caruso said.

Part of the BA’s efforts to crack down on offensive labels also included the formation of a three-person “Advertising Complaint Review Panel,” aimed at addressing member complaints.

The findings of reviews are published on the BA’s website.

good products survive and bad products disappear off the shelves.

That’s how it works.” Caruso said such a policy creates a “chilling effect” on speech.

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“Free enterprise doesn’t exist without freedom of expression,” he said.They’re not there to interfere with their competitors and tell them how to run their businesses.There are big issues in the industry, and that’s what they should be focused on.” This isn’t the first time that Flying Dog has taken a stand on First Amendment rights.Caruso characterized the panel as a “tribunal,” and called the review process “creepy.” “Three people are making the decisions for fifty million craft beer consumers,” he said.“You actually have a system where you go online and complain about your competitor. ” BA leaders “have completely lost sight of the purpose for the Association” and should be focusing their attention on issues such as nutritional labeling, the fight for market share with wine and spirits, the challenges coming from big brewers, softening of craft beer sales and winning new consumers, Caruso argued.

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