Mo. Rev. Stat. » Chapter 311
Missouri Revised Statutes

Mo. Rev. Stat. § 311.360 (2026)

Misrepresentation of brand of liquor unlawful, penalty

✓ current as of May 2026
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  311.360.  Misrepresentation of brand of liquor unlawful, penalty — exceptions. — 1.  No person holding a license or permit shall sell malt liquor, or any other intoxicating liquor in this state, or shall offer for sale any such malt liquor, or other intoxicating liquor whatsoever, brewed, manufactured or distilled by one manufacturer, in substitution for, or with the representation that any such malt liquor or other intoxicating liquor, is the product of any other brewer, manufacturer or distiller.  Whosoever shall violate the provisions of this section shall be deemed guilty of a misdemeanor.

  2.  Notwithstanding the provisions of subsection 1 of this section, no person holding a license or permit shall be deemed guilty of a misdemeanor for offering for sale, or for the sale of, wine or brandy so long as the manufacturer of the brandy or the wine manufacturer has provided the supervisor of alcohol and tobacco control with a copy of the certificate of label approval issued by the Alcohol and Tobacco Tax and Trade Bureau and, if necessary, has properly registered such label or name with the appropriate state agency.

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(RSMo 1939 § 4911, A.L. 1996 S.B. 933, A.L. 2003 S.B. 298, A.L. 2009 H.B. 132)

(1998) Statute violates the commerce clause by discriminating against out-of-state producers and is unconstitutional.  Pete's Brewing Co. v. Whitehead, 19 F.Supp.2d 1004 (W.D.Mo.).

Notes of Decisions
Cited in 4 cases, 1961–2000 · leading case: State Ex Rel. Nixon v. Beer Nuts, Ltd., 29 S.W.3d 828 (Mo. Ct. App. 2000).
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State Ex Rel. Nixon v. Beer Nuts, Ltd., 29 S.W.3d 828 (Mo. Ct. App. 2000). · cites it 2× “340 (prohibiting the mixing of liquor with "any drug or form of methyl alcohol or impure form of alcohol”); Section 311.360 (prohibiting the misrepresentation of a brand of liquor); and Section 311.”
Pete's Brewing Co. v. Whitehead, 19 F. Supp. 2d 1004 (W.D. Mo. 1998). “13 Accordingly, the Court concludes that even if § 311.360 does not overtly discriminate against out-of-state commerce, it unduly burdens interstate commerce and is unconstitutional.”
State ex rel. Glendinning Companies of Connecticut v. Letz, 591 S.W.2d 92 (Mo. Ct. App. 1979). “-350, RSMo 1969, making window displays of intoxicating liquor unlawful, and § 311.360, prohibiting misrepresentation of brands sold or offer of substitution of liquor of one manufacturer for that of another, “does show some indication of policy to limit inducing sales by…”
State v. Knight, 351 S.W.2d 802 (Mo. Ct. App. 1961). · cites it 3× “1939, now section 311.360 RSMo 1959, V.A.M.S., insofar as it prohibits the action to which he pleaded guilty, applies only to licensees, and it affirmatively appears from the indictment and substitute information that the appellant was not a licensee.”
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