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Private suit seeks to block A-B InBev/Modelo merger

An antitrust attorney has filed a private lawsuit on behalf of nine consumers, including six from St. Louis, against Anheuser-Busch InBev (ABI) and Grupo Modelo over their proposed $20.1 billion merger.

The St. Louis Business Journal reports Joseph Alioto filed the suit in federal court in San Francisco, stating the acquisition will substantially lessen competition and/or tend to create a monopoly in the production, distribution and sale of beer in the United States.

Alioto is the attorney who tried to block Belgian brewer InBev’s 2008 acquisition of Anheuser-Busch.

“By combining the largest and the third-largest brewers of beer sold in the United States, the defendant ABI, would have more than 54 percent of the beer market in the United States and sufficient monopoly power to exclude competition and raise prices,” according to the lawsuit.

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Brew Hub plans first brewery in Florida

Brew Hub has announced plans for the company’s first brewery in Lakeland, Fla. The Florida brewery will be the first of at least five planned facilities that will offer craft brewers the opportunity to “partner brew” their beers on site.

Partner brewing is designed to allow craft breweries to brew their beer to exact specifications under the supervision of their own brewmaster and to package and distribute from the Brew Hub brewery, additionally making beer available for export to international markets. This allows craft breweries to expand their distribution without the overhead costs of building a new brewery or transporting beer across the country.

The Brew Hub will also offer craft breweries services including sales, marketing, logistics, legal, and government affairs.

The Lakeland brewery will be located in Interstate Commerce Park off the I-4 Corridor and will have an initial brewing capacity of 75,000 barrels, or one million cases, annually. The site’s central location will allow the company to efficiently distribute beer to wholesalers throughout Florida and the Southeast.

Brew Hub brewing operations will be led by chief brewmaster Paul Farnsworth, who will oversee all aspects of design, layout, construction and day-to-day operation of the new brewing, production and warehouse facility in Lakeland. Farnsworth earned a bachelor’s degree and Ph.D. from the University of London and has been instrumental in the startup or operation of over 100 breweries in 10 countries.

Brew Hub was founded by a team of former Anheuser-Busch executives led by Tim Schoen. Schoen, CEO, Jerry Mullane, President and Mark Greenspahn, Vice President of Operations. Brew Hub is supported by financing from The Yucaipa Companies of Los Angeles.

“Brew Hub will allow great craft brewers to grow their businesses by expanding into new markets they otherwise could not reach,” said Tim Schoen, chief executive officer of Brew Hub. “This is the most exciting time in history to be in the beer business. Beer drinkers are constantly looking to discover new beer styles and brands every chance they get, but many of the beers they love aren’t available where they live. We’re planning to change that in the Southeast and across the country.”

Brew Hub plans to open at least four similar facilities over the next five years. Specific markets will be determined based on demand, but the company is considering strategic locations in the Northeast, Mid-Atlantic, Midwest, Texas and West Coast.

“There are so many craft brewers making amazing beer today, and the demand from consumers is almost insatiable,” said Schoen. “But too much demand can also be a problem. Building a brewery is not realistic for many brewers and contract brewing opportunities that exist today are less than ideal. We believe our partner brewing model will allow craft brewers a great opportunity to expand their business and reach new consumers.”

The company will begin building the Lakeland brewery, packaging and cold storage warehouse in April. The site will operate as a central distribution facility for craft brewers beginning in fall 2013. The Lakeland facility will deliver beer to wholesalers throughout Florida and the Southeast and will begin brewing beer in summer 2014.

Brew Hub was founded in 2012 in St. Louis, Missouri by a team of beer industry executives and craft brewing experts led by Tim Schoen. “Where Craft Brewers Go to Grow,” Brew Hub provides full brewing, packaging, distribution and selling services for craft brands that are capacity, geographical, or capital constrained. The company plans to have five breweries located throughout the country that will cater to craft breweries. Each facility will allow craft brewers to partner brew their beers on site.

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Homebrewing now legal in Mississippi

Mississippi Gov. Phil Bryant has signed a bill that will effectively legalize homebrewing throughout the state. Mississippi is now the 49th state to permit homebrewing. A Senate version of the bill passed in early February and it was then voted on by the State House of Representatives in March.

“From our founding fathers to our current President, this country has a long and storied tradition of homebrewing,” said Gary Glass, director of the American Homebrewers Association. “We appreciate the support of all of the homebrewers, the dedicated grassroots efforts of Raise Your Pints and the legislators who have worked so diligently to make homebrewing a reality in Mississippi. We are grateful to Senator John Horhn who introduced this bill and to Governor Bryant for his quick action and support.”

The 21st Amendment predominantly leaves regulation of alcohol to the states. Therefore, even though homebrewing is federally legal, it is still up to individual states to legalize homebrewing in state codes. Prior to today’s announcement, Mississippi and Alabama were the only two states that did not allow homebrewing. The AHA will continue working with homebrewers in Alabama to legalize homebrewing.

The hobby of homebrewing has seen exponential growth in recent years. The AHA estimates that more than 1 million Americans brew beer or make wine at home at least once a year. Mississippi is home to an estimated 2,200 homebrewers who may now enjoy brewing without the restrictions of a state-wide ban.

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Craft beer sales soar 15%

US Craft Beer Growth[Click to enlarge]

Craft beers sales climbed 15% by volume in 2012, while dollar growth increased 17%, according to figures released by the Brewers Association. The increase amounts to almost 1.8 million more barrels (each of them 31 gallons) of craft beer.

With production at 13,235,917 barrels in 2012, craft brewers reached 6.5% volume of the total U.S. beer market, up from 5.7% the previous year. Additionally, craft dollar share of the total U.S. beer market reached 10.2% in 2012, as retail dollar value from craft brewers was estimated at $10.2 billion, up from $8.7 billion in 2011.

“Beer is a $99 billion industry to which craft brewers are making a significant contribution, with retail sales share hitting double digits for the first time in 2012,” BA director Paul Gatza said.

The number of operating breweries increased 18% in 2012, reaching 2,403. The count includes 409 new brewery openings and 43 closings.

“On average, we are seeing slightly more than one craft brewery per day opening somewhere in the U.S., and we anticipate even more in the coming year. There is clearly a thirst in the marketplace for craft brewed beer, as indicated by the continued growth year after year,” Gatza said. “These small breweries are doing great things for their local communities, the greater community of craft brewers, our food arts culture and the overall economy.”

The BA numbers are preliminary. A more extensive analysis will be released during the Craft Brewers Conference in Washington, D.C. from March 26-29.

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US craft beer exports up 72%

US Craft Beer Exports

The American craft beer industry set a new record for exports in 2012. Based on results from a recently completed industry survey, the Brewers Association reports craft beer export volume increased by 72% compared to 2011, with a value estimated at $49.1 million.

Canada remained the industry’s largest export market, with shipments increasing 140% by volume. Significant gains have been made in Ontario and British Columbia, and American craft beers are now gaining distribution in other provinces.

Sweden and the United Kingdom remained the next two largest markets. Though total exports decreased in both countries compared to 2011, the decline was offset by increased shipments to other European markets. In total, Western Europe accounted for 56,204 barrels valued at $14.6 million in 2012, a 5.6 percent increase over 2011.

“The BA is very pleased with the continued growth in exports of American craft beer to markets around the world. Consumers continue to view American craft brewers as leaders in innovation and among the standard bearers for quality. Maintaining that perception is a priority for the craft brewing community,” said Bob Pease, Brewers Association chief operating officer.

The BA supports exports through its Export Development Program which was initiated in 2004 with funds from the United States Department of Agriculture Market Access Program (USDA MAP). The Export Development Program generates exposure for American craft beer through trade shows, festivals, seminars, media outreach and competitions, among other activities.

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New Yorker 2013 Beerdrinker of the Year

Warren Monteiro, Beerdrinker of the Year, with judges at Wynkoop Brewing

Warren Monteiro, a New York City freelance writer, beer traveler, homebrewer and beer columnist, was chosen as the 2013 Beerdrinker of the Year at Wynkoop Brewing Company in Denver.

“This year was very difficult to judge,” said Cody Christman, the 2009 Beerdrinker of the Year and a judge at Saturday’s finals. “All three finalists were superb and deserved to be on the national beer stage. But Warren won the competition with his blend of wit, knowledge, and a deep passion for all things related to beer.”

Kevin Cox of Muncie, Ind., and Jen Schwertman, a New York City bartender, were the other finalists.

Monteiro has sampled beers throughout the United States, Europe, Central American, India, Sri Lanka and other nations. In 2012 he visited breweries and beer festivals in England, Belgium, the Netherlands and the US. He samples an average of 350 beers each year.

For seven years, Monteiro has written his “Beer Sensei” column for the popular Ale Street News. His home beer bar is the Blind Tiger Ale House in New York City.

In his 2013 Beerdrinker of the Year resume, he detailed his philosophy of beer drinking: “It’s not a habit, it’s a lifestyle. This is why I constantly travel – to get a taste of a new brew or one I’ve been missing, and to find a way to share it whenever possible. I consider creative beer drinking to be an essential part of the tapestry of art and fellowship contributing to a full life.”

For winning the 2013 title, Monteiro wins free beer for life at Wynkoop Brewing, a $250 bar tab at the Blind Tiger, and clothing proclaiming him the 2013 Beerdrinker of the Year.

His name will be engraved on Wynkoop’s famed Beerdrinker of the Year trophy. For next year’s Beerdrinker of the Year contest, he’ll brew batch of beer of his own design at Wynkoop with head brewer Andy Brown.

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Anchor to build second brewery, quadruple capacity

The San Francisco Giants and Anchor Brewing have announced that Anchor will build a second facility on the San Francisco waterfront.

Anchor Brewing will occupy what is now Pier 48 with production and distribution facilities (artist rendering), a restaurant, museum and other public attractions. The 212,000-square-foot space in the Giants’ Mission Rock development will not replace Anchor’s existing plant on Potrero Hill, but add capacity. The company’s capacity would nearly quadruple from 180,000 to 680,000 barrels a year.

“This is big news for us. We can now further expand our domestic market (Anchor is sold in every state) and open up new international markets,” CEO Keith Greggor told the San Francisco Chronicle. “It’s also a huge commitment to San Francisco.”

The planned development still must get approval from a variety of agencies. If everything proceeds on schedule, construction could begin in late 2014 and brewing in 2016.

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Samuel Adams, Deschutes shine in UK judging

Samuel Adams beers captured nine medals at the International Brewing Awards 2013 in England.

The bi-annual competition attracted more than 1,000 entries from 45 countries. Forty judges, all professional brewers, assessed the beers over the course of three days. The medals winners in each category were announced at the National Brewery Center in Burton upon Trent, where the judging was held. The 11 overall championship winners will be unveiled April 24 in an awards luncheon at London Guildhall.

Beers are judged in several categories and sub-categories, so may be classified on how they are packaged, their color, their alcohol content, and by other means.

Thus Samuel Adams Cream Stout won silver in one category and gold in another. The other Samuel Adams gold medal beers were Cinder Block, White Lantern, Black & Brew Coffee Stout, and Latitude 48 IPA. Double Agent IPL and Third Voyage both won silvers, while Utopias 2012 took a bronze.

Oregon’s Deschutes Brewery won four medals, Sierra Nevada Brewing took three, BridgePort Brewing two, and Alaskan Brewing one for its highly decorated Alaskan Smoked Porter.

Deschutes Mirror Pond Pale Ale, Inversion IPA and Obsidian Stout all won gold, and Red Chair NWPA took a bronze.

Sierra Nevada Pale Ale won a gold and a bronze, while Narwhal Imperial Stout took a gold. BridgePort IPA and Ebenezer both won silver.

The complete list of the winners can be downloaded as a pdf.

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Small brewer federal excise tax bill reintroduced

The Brewers Association reports that H.R. 494, the Small Brewer Reinvestment and Expanding Workforce Act (Small BREW Act) has been reintroduced in the House of Representatives. The bipartisan legislation, which was reintroduced by Representatives Jim Gerlach (R-Pa.) and Richard E. Neal (D-Mass.), seeks to recalibrate the federal beer excise tax that small brewers pay on every barrel of beer they produce.

Under current federal law, brewers making less than 2 million barrels annually pay $7 per barrel on the first 60,000 barrels they brew, and $18 per barrel on every barrel thereafter. The Small BREW Act would create a new rate structure that reflects the evolution of the craft brewing industry. The rate for the smallest brewers and brewpubs would be $3.50 on the first 60,000 barrels. For production between 60,001 and 2 million barrels the rate would be $16.00 per barrel. Any brewer that exceeds 2 million barrels (about 1 percent of the U.S. beer market) would begin paying the full $18 rate. Breweries with an annual production of 6 million barrels or less would qualify for these tax rates.

“Small brewers are small business owners and this bipartisan legislation would allow them to remain competitive, protect existing jobs and create new employment opportunities in communities throughout Pennsylvania and the country,” said Congressman Jim Gerlach, co-chairman of the House Small Brewers Caucus.

“There are few industries with more size disparity than the American beer business. There are 2,500 small breweries who together account for only six percent of the U.S. beer business,” said Rob Martin, president, Ipswich Ale Brewery and Massachusetts Brewers Guild. “Massachusetts Congressman Richard Neal understands the struggles craft brewers face because of this, and he has championed our effort to help level the playing field a little by supporting an equitable federal excise tax bill. He is keenly aware that craft brewers are looking to grow their small businesses and will create thousands of good jobs across the country if this legislation passes. As president of the Massachusetts Brewers Guild, I know I speak for all small brewers when I applaud Congressman Neal’s effort.”

The BA calculates adjusting the tax rate would provide small brewers with an additional $60 million per year that would be used to support significant long-term investments in tanks and other equipment and create jobs by growing their businesses on a regional or national scale. Congress has not recalibrated the excise tax on small brewers since 1976. At that time, there were about 30 small brewers. Today, there are over 2,000.

“America’s small brewers are part of a vibrant, growing industry, and really are Main Street manufacturers,” added Bob Pease, chief operating officer of the Brewers Association. “The Small BREW Act will help America’s small brewers invest in and grow their businesses—an important part of economic reinvigoration. We look forward to working with the new Congress on the passage of this legislation, which will have a positive impact on agricultural, manufacturing, hospitality and distribution jobs for the future.”

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Brewers Association honors Congressmen Gerlach, Neal

The Brewers Association has presented two United States Congressmen with the organization’s Legislator of the Year Award.

Reps. Jim Gerlach (R-Pa.) and Richard E. Neal (D-Mass.) were recognized for their stewardship of the Small Brewer Reinvestment and Expanding Workforce Act (Small BREW Act). The awards were presented at a ceremony in Washington, D.C., by Bob Pease, chief operating officer of the Brewers Association; Jim Koch, co-founder and chairman of Boston Beer Company; and Bill Covaleski, founder and brewmaster of Victory Brewing Company and president of the Brewers of Pennsylvania.

“The efforts of Congressmen Gerlach and Neal reflect their appreciation for America’s small brewers and the significant economic contributions that these men and women bring to the national economy,” said Pease. “We recognize both of these leaders for their commitment to creating a level playing field for small and independent brewers in their home states and across the country.”

The Small BREW Act, introduced by Gerlach and Neal during the 112th Congress and expected to be reintroduced this month, aims to recalibrate the federal excise tax rate structure to further foster the growth of America’s craft brewing community. Currently, brewers producing less than 2 million barrels of beer per year pay $7 per barrel on the first 60,000 barrels they brew, and $18 per barrel on every barrel thereafter. If the Small BREW Act is adopted, the rate for the smallest brewers and brewpubs would be $3.50 on the first 60,000 barrels. For production between 60,001 and 2 million barrels the rate would be $16.00 per barrel. Any brewer that exceeds 2 million barrels would begin paying the full $18 rate. Breweries with an annual production of 6 million barrels or less would qualify for these tax rates.

“Small brewers provide a significant economic spark, creating tens of thousands of jobs and generating tens of billions of dollars in economic activity each year in Pennsylvania and across America,” said Congressman Gerlach, co-chairman of the House Small Brewers Caucus. “These independent and innovative small business owners often work just as hard at improving their communities as they do perfecting their world-class products. It is a tremendous honor to be recognized by the Brewers Association for my bipartisan work in Congress to help small brewers remain competitive and continue building upon the success of America’s craft-brewing revolution.”

“I am honored that the Brewers Association has chosen me as one of their Legislators of the Year,” said Congressman Neal. “As someone who represents many small brewers in Massachusetts, this award has special meaning for me. Craft breweries are locally owned, generate economic development and create good jobs. They also make distinctive products for passionate consumers. As a supporter of the industry, I have introduced bipartisan legislation that would give small brewers a substantial tax break. My plan would recalibrate the beer excise tax for America’s craft brewers, allowing them to reinvest in their businesses. With the help of Brewers Association, I believe this initiative can be approved by the House of Representatives during this session of Congress.”

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Super Bowl Clydesdale gets a name: Hope

The baby Clydesdale featured in a Budweiser commercial shown during Super Bowl XLVII now has a name: Hope. Anheuser-Busch InBev also announced another foal would be named in honor of St. Louis baseball icon, Stan Musial.

Last week Budweiser asked its Facebook and Twitter followers to send along naming suggestions. More than 60,000 tweets, Facebook comments, calls and direct messages followed. “Hope” was one of the more popular female names.

“We were overwhelmed with the response we got,” said Lori Shambro, brand director for Budweiser.

Other popular names submitted included Landslide (after the Fleetwood Mac song in the commercial), Buddy, Star, Raven, Spirit and Stevie.

“Thirty-six hours before Hope was born, on Jan. 14, we welcomed our first-born Clydesdale of the year, a boy,” John Soto, supervisor of Warm Springs Ranch. “We have a special name for him, too.”

Budweiser has announced that the first male Budweiser Clydesdale born in 2013 will be named after the recently deceased baseball Hall of Famer Stan Musial. Many of the suggestions for the female foal, including “Six,” had a Musial connection.

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Government blocks AB InBev deal for Modelo

The U.S. sued to block Anheuser-Busch InBev’s proposed $20.1 billion purchase of the half of Grupo Modelo brands it doesn’t already own, stating that the deal would violate antitrust law.

Shares of both companies plunged after the Justice Department filed a complaint in federal court in Washington. The DOJ said the proposed purchased would eliminate the “substantial head-to-head competition” that currently exists between AB InBev and Modelo.

Modelo owns the Corona brand, and Budweiser and Corona are among the most dominant beer brands in the country. Bud Light is the best-selling U.S. beer, while Corona Extra is the No. 1 selling import.

“If ABI fully owned and controlled Modelo, ABI would be able to increase beer prices to American consumers,” Bill Baer, the head of department’s antitrust division, said in a statement. “This lawsuit seeks to prevent ABI from eliminating Modelo as an important competitive force in the beer industry.”

The Justice Department’s action is “inconsistent with the law, the facts and the reality of the marketplace,” according to an ABI statement. “We remain confident in our position, and we intend to vigorously contest the DOJ’s action in federal court.”

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Kim Jordan to deliver 2013 CBC keynote

New Belgium Brewing co-founder and CEO Kim Jordan has agreed to “return to the scene of the crime.”

She will deliver the keynote address at the Brewers Association’s 2013 Craft Brewers Conference. The industry’s largest gathering — bringing together some 6,000 brewing professionals — will be held in Washington, D.C. from March 26-29.

Jordan also gave the keynote in 2003, when she called for craft brewers to aspire to reach 10% of U.S. beer sales. In the previous year, craft sales had grown only 1%. In the years that followed the gains were 5%, 8%, 13%, 12%, 6%, 7%, 12% and 13%. In 2011, the latest full year for which the BA has published data, craft brewing sales share was at 9.1% by dollars and 5.7% by volume, increasing more than half a point per year since 2003.

“The beer industry has changed significantly over the course of the last several years. Relationships among small brewers, large brewers, distributors, retailers and beer drinkers continue to evolve,” said BA director Paul Gatza. “Kim is a visionary and true leader in the beer community. Her insight, enthusiasm and vigor will be a welcomed inspiration as small and independent brewers gather together for a discussion on how to navigate the ever-evolving and thriving industry. We are pleased to have her back to the CBC stage.”

More about the conference.

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Alaskan Brewing adds another energy saving tool

Alaskan Brewing has become the first brewery in the world to use its spent grain as the fuel source to power the steam boiler it uses in making beer, and reduced the company’s fuel oil consumption in brewhouse operations by 60 to 70 percent.

“We have the unique honor of brewing craft beer in this stunning and remote place,” Alaskan Brewing co-founder Geoff Larson said for a press release. “But in order to grow as a small business here in Alaska and continue having a positive effect on our community, we have to take special efforts to look beyond the traditional to more innovative ways of brewing. Reducing our energy use makes good business sense, and good sense for this beautiful place where we live and play.”

The brewery began the spent grain energy process in 1995 with the installation of a grain dryer. The equipment dried the wet, protein-rich spent grain in preparation for shipment to the lower 48 for use as cattle feed, due to the absence of farms or ranches in Southeast Alaska. Alaskan designed the grain dryer to use up to 50 percent of the grain as a supplemental fuel source to heat the dryer itself. This reduced the oil required in the drying process, and provided experience in burning spent grain that would later prove useful in designing the steam boiler.

In 2008, Alaskan became the first craft brewery in the nation to install an energy saving piece of brewing equipment called a mash filter press. The mash filter press, in addition to providing greater energy, water, and materials efficiencies, produces a lower-moisture-content spent grain than does the more traditional lautering process. This form of spent grain better lends itself to drying and for use as fuel for the brewery’s grain dryer and, ultimately, the new spent grain steam boiler system.

Over the latter months of 2012, Alaskan completed the final stage of the process with the installation and commissioning of the $1.8 million, custom-constructed spent grain steam boiler.

Alaskan expects that the new boiler will eliminate the brewery’s use of fuel oil in the grain drying process and displace more than half of the fuel needed to create process steam in the brewhouse. This translates to an estimated reduction in fuel oil use in brewhouse operations by more than half. With moderate growth assumptions, Alaskan expects to save nearly 1.5 million gallons of oil over the next ten years.

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A-B InBev loses bid for lone right to Bud name in UK

The U.K. Supreme Court has ruled against Anheuser-Busch InBev’s request to stop Czech brewery Budvar from selling beer under the Budweiser name. Both brewing companies will continue to use the name in the UK.

While Anheuser-Busch was first to seek to trademark the Budweiser name in Britain, the Czech company entered the British market one year ahead of the then-St. Louis-based brewer, according to Reuters.

Tuesday’s ruling comes more than two years after a European Union ruling that quashed AB-InBev’s attempt to register the Budweiser name as its trademark.

According to Budvar, there there are about 40 related trademark dispute cases pending in different jurisdictions and some 70 procedural issues up for consideration around the world.

AB InBev said it was disappointed by the UK Supreme Court ruling but that it did not affect its Budweiser trademark in the country. It said Budweiser sales in the UK rose 40% between 2009 and 2011.

“This attempt to change the final decision of the court proves the long-term strong interest by (AB InBev) to gain exclusive rights for the Budweiser brand at any cost,” Budvar chief executive Jiri Bocek said in a statement.