Atlas Brew Works Files Suit to Over Shutdown Harm

DCist reported yesterday that Atlas Brew Works (2052 West Virginia Ave. NE) has has filed suit against the U.S. Government (specifically, they've sued acting U.S. Attorney Matthew Whitaker). The suit relates relates to Atlas' seasonal brew The Precious One, "an apricot-infused India pale ale" currently stored in a fermenting tank. When the federal government shut down due to a lack of appropriations the Treasury Department's Alcohol and Tobacco Tax and Trade Bureau ("TTB") ceased reviewing the Certificates of Label Approval ("COLA") applications that a brewer needs approved to ship beer in interstate commence. Atlas applied for a COLA for labeling cans of The Precious One on Nov. 28 and received approval Dec. 17, On Dec. 20 the brewer applied for ten other COLAs, including one for labeling of The Precious One in kegs. Two days later the federal government appropriations lapsed leaving the COLA application for labeling kegs of the apricot-infused brew still pending.



This is a big problem for Atlas because they cannot can their entire yield of The Precious One, nor can they realistically exhaust the supply through the sale of kegs to local establishments or service through their own taproom. Selling the kegs of the brew in interstate commerce absent a COLA would be a criminal act. Finally, the Precious won't last forever in the fermenting tank, and that tank space is needed for Atlas' other beer making efforts. The suit seeks a temporary restraining order, a preliminary injunction, and a permanent injunction barring Whitaker and his employees or agents, from enforcing the law that carries the criminal penalty, as well as court costs, attorney fees, and other related relief. It's an intriguing complaint and well worth your time to read both the short complaint and DCist story (which has sparked much interest and many additional articles in other publications).