America's Beer Distributors

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ALEXANDRIA, VA – Yesterday a decision by the 1^st Circuit Court of Appeals upheld a lower court ruling that a Massachusetts law restricting out-of-state winemakers from shipping their products directly to consumers in the state violates the Commerce Clause and is therefore unconstitutional. The law, approved by the Massachusetts Legislature in 2006, created a multi-tiered system in which wineries that produce more than 30,000 gallons per year must decide whether to either sell retail in Massachusetts through a licensed in-state distributor, or apply for a license to ship wines directly to consumers.

“NBWA is disappointed in the 1st Circuit’s opinion,” said NBWA President Craig Purser.  “This opinion will only invite more litigation.  States working to effectively control alcohol and balance competing interests as instructed by the 21st Amendment will be treated like Charlie Brown attempting to kick the football just as Lucy moves it; no matter how they try to maintain a level playing field, some court or plaintiff’s attorney will move the ball and demand a one-size-fits-all solution.  This opinion will put at risk laws designed to encourage the development of small brewers, small vintners and small distillers as well as those designed to ensure that alcohol is effectively regulated.”

To read the appellate court’s full decision, click here.

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The National Beer Wholesalers Association (NBWA) represents the interests of America’s 2,850 licensed, independent beer distributor operations in every state, congressional district and media market across the country. Beer distributors are committed to ensuring alcohol is provided safely and responsibly to consumers of legal drinking age through the three-tier, state-based system of alcohol regulation and distribution.  To learn more about America’s beer distributors, visit www.AmericasBeerDistributors.com.