LINCOLN — Attorney General Jon Bruning is appealing a court ruling that overturned Nebraska’s policy of taxing flavored malt beverages as beer instead of distilled spirits.
The appeal was filed Tuesday with the Nebraska Supreme Court.
Lancaster County District Judge John Colborn ruled last week that so-called “alcopops” fall under a state law that says “any beverage which contains alcohol obtained by distillation, mixed with water or other substance in solution” is a spirit.
Flavored malt beverages are brewed like beer, although most of the beer taste and color and some of the alcohol are stripped away. Flavors produced through a distilling process are added to replace some of the brewed alcohol.
Critics of the drinks, who say they are marketed to underage drinkers, challenged a State Liquor Control Commission decision to tax the drinks as beer.
State taxes on spirits are about 12 times higher than those on beer. The beverages’ alcohol level is similar to that of beer.
Contact the writer:
402-473-9583, martha.stoddard@owh.com
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