Fresh Bourbon Wins Appeal in ‘First Black-Owned’ Bourbon Case

The heated legal battle over who holds the title of Kentucky’s first Black-owned bourbon distillery has reached a significant turning point. After a federal appeals court ruling on March 26, 2026, Fresh Bourbon has won its appeal against Brough Brothers Distillery, meaning Fresh Bourbon’s advertising claims are not considered definitively false.

The Core of the Dispute: Timelines and Claims

This legal showdown began in March 2021 when Brough Brothers Distillery, founded in 2013 by brothers Victor, Chris, and Bryson Yarbrough, sued Fresh Bourbon LLC. The core of the lawsuit? Brough Brothers alleged that Fresh Bourbon falsely claimed to be Kentucky’s first Black-owned bourbon distillery. Both companies were founded in the 2010s and launched their own products around 2020 after initially outsourcing distillation.

Brough Brothers started selling bourbon in 2020 and later that year filled their first barrel at their own Louisville facility. Fresh Bourbon, owned by Sean and Tia Edwards, stated they had been producing Kentucky bourbon since 2018 through a partnership and also began sales in 2020. They later opened their own Lexington facility in 2022 and pointed to a 2020 Kentucky Senate resolution recognizing them as the state’s first Black-owned bourbon distillery.

Appeals Court’s Decision: Ambiguity is Key

For Brough Brothers to win their false advertising claim, they needed to prove that Fresh Bourbon’s statements were misleading, deceived consumers, and impacted purchasing decisions. However, the 6th U.S. Circuit Court of Appeals found that while Brough Brothers might have established their own facility earlier, Fresh Bourbon began producing Kentucky bourbon sooner.

Circuit Judge Eric Murphy, writing for the court, explained that Fresh Bourbon’s marketing wasn’t necessarily false. The judge noted that the claims could be interpreted in different ways by consumers, making them ambiguous. As the court stated, the truth or falsity of the statements ‘depends’ on consumer interpretation, meaning they can’t be considered literally false without evidence of consumer deception, which Brough Brothers failed to provide.

What’s Next for the Distilleries?

With the appeals court siding with Fresh Bourbon, the question now is whether Brough Brothers will pursue further legal action. Perry Adanick, Fresh Bourbon’s attorney, expressed hope that the matter is settled, stating that two courts have reviewed the case and reached the correct decision. It seems for now, Fresh Bourbon can continue to market itself based on its timeline.