Sixth Cir. Declines to Revive Kentucky Distillery False Ad Suit

March 27, 2026, 3:53 PM UTC

Victory Global LLC, which does business as Brough Brothers, failed to revive its lawsuit challenging Fresh Bourbon LLC’s claims that it was the first Black-owned bourbon distillery in Kentucky.

Brough Brothers “fails to identify any unambiguously false statements that Fresh Bourbon made,” and didn’t present any evidence that Fresh Bourbon’s statements deceived consumers, the US Court of Appeals for the Sixth Circuit said Thursday.

It’s undisputed that Brough Brothers obtained distilling licenses and made its first batch at its own distillery in Kentucky in December 2020, before Fresh Bourbon got its licenses and did the same. Fresh Bourbon was ...

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