Untangling the complex world of wine direct shipping and compliance

Posts from the Litigation Category

Glimmer of Hope in Challenging On-Site Requirements

By R. Corbin Houchins, Beverage Industry Counsel

On December 17th, the US Court of Appeals for the 3rd Circuit (Delaware, New Jersey and Pennsylvania) rendered its decision in Freeman v. Corzine (formerly known as Freeman v. Fischer and Freeman v. Governor of New Jersey). The case applies Granholm to several aspects of New Jersey law, which banned direct shipment by all wineries, [...]

January 10th, 2011

H.R. 5034 Update: Revision Reignites Debate, Important Hearing Set for Wednesday

By Jeff Carroll - VP of Compliance, ShipCompliant

When H.R. 5034 (also known as the Comprehensive Alcohol Regulatory Effectiveness, or “CARE” Act) was introduced on April 15, 2010, the opposition responded quickly and forcefully. Supplier organizations were united in their opposition to the bill, referring to it as the “wholesalers monopoly protection bill”. Even the California State Legislature issued a resolution, SJR 34, [...]

September 28th, 2010

Massachusetts Remains Elusive for Direct Shippers

By Annie Bones, State Relations - Wine Institute

On 1/14/10 the First Circuit Court of Appeals in Boston ruled in favor the plaintiff in the Massachusetts FWC v. Jenkins litigation. The ruling affirmed the lower court’s order that struck down the capacity caps and wholesaler exclusions which are included in the Massachusetts direct-to-consumer shipping statute and prevented over half of the wineries in [...]

September 16th, 2010

Comprehensive Alcohol Regulatory Effectiveness (CARE) Act of 2010 Introduced

By Jeff Carroll - VP of Compliance, ShipCompliant

As expected, the Congressional subcommittee hearing on Legal Issues Concerning State Alcohol Regulation has been followed by a House bill. H.R. 5034 was introduced yesterday by Representative Bill Delahunt (D-Mass.) with support from the National Beer Wholesalers Association (NBWA). The bill is also called the "CARE" (Comprehensive Alcohol Regulatory Effectiveness) Act of 2010, and Wine [...]

April 16th, 2010

Massachusetts will not appeal Family Winemakers decision

By Carol Martel, Counsel for the Northeastern States, Wine Institute

Massachusetts Attorney General Martha Coakley will not appeal a January Federal Appeals Court decision upholding an earlier District Court decision which overturned the 2005 direct shipping law.  In January, the 1st U.S. Circuit Court of Appeals upheld the 2008 district court ruling that found that the state law governing direct-to-consumer shipments by wineries was unconstitutional. [...]

April 13th, 2010