Untangling the complex world of wine direct shipping and compliance
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Posts from the Massachusetts Category

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

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

Notes on Wine Distribution v.32

By Jeff Carroll - VP of Compliance, ShipCompliant

The latest version of “Notes on Wine Distribution”, by R. Corbin Houchins, is now available. Release 32 includes updates on legislation, litigation and general discussions on available distribution channels for wine. This release includes substantial changes, including new sections on age and identity, facial neutrality, and logistical support services, as well as updates to state [...]

February 4th, 2010

High Fives in the First Circuit

By R. Corbin Houchins, Beverage Industry Counsel

Justified jubilation greeted the 14 January 2010 decision of the United States Court of Appeals for the First Circuit, which affirmed the federal district court decision of 19 November 2008 in Family Winemakers of California v. Jenkins, invalidating the Massachusetts “volume cap.” (see previous post “Huge win for wineries, but can I ship to Massachusetts [...]

January 26th, 2010