Listing category: "Massachusetts"

4 Reasons the Direct-to-Consumer Wine Shipping Channel Topped $2 Billion in 2018

Last month, we released our annual report on the state of the direct-to-consumer wine shipping channel with our partners Wines & Vines. The report is produced using Wines & Vines’ algorithm, which extrapolates data from the extensive ShipCompliant by Sovos transaction library. This year’s report demonstrated continued explosive growth in the channel, as the total […]

BevAlc Roundup | Total Wine Wins Challenge on Discount Pricing, Do Your Compliance Prep in Summer for a Productive Winter and Fall, and Craft Breweries Across the U.S. Unveil Their Beer Recipes in New Guide

July is almost over, but the roundup is in full swing, covering Total Wine’s win on discount pricing in Massachusetts, compliance prep in summer creates a productive winter and fall, and craft breweries across the U.S. unveil their beer recipes in new guide. Cheers!     Total Wine Wins Challenge on Discount Pricing | A Boston […]

BevAlc Roundup | U.S. Distillers Brace For Possible EU Backlash Against Bourbon, Amazon Isn’t Developing Its Own Wine…Yet, and “The Sideways Effect”

Today’s roundup covers U.S. distillers brace for possible EU backlash against bourbon, Amazon isn’t developing its own wine…yet, and ‘The Sideways Effect’: how a wine-obsessed film reshaped the industry. Enjoy!     Approaches to Spirits Direct Shipping | Today nearly every state—plus the District of Columbia—allows wineries to ship wine across state lines directly to in-state […]

BevAlc Roundup | MA Beer Distributors Push Franchise Reform Bill at State House, 5 Tasting Room Tips to Keep your Winery in Compliance, and ShipCompliant’s 12th Annual Event

Happy Monday! Hope you had a great weekend. Today’s roundup covers Massachusetts beer distributors’ push for a franchise reform bill at the State House, five tasting room tips to keep your winery in compliance, and ShipCompliant’s 12th annual event: GCS ShipCompliant Wine Summit. As always, if you read something I missed, let me know in […]

Massachusetts to Give Wineries Some Credit

2015 was a big year for wine in Massachusetts. The commonwealth opened for DtC shipping, and wine-lovers took advantage by ordering $27.5m worth of wine. As could be expected, though, there were some growing pains accompanying this new venture, most notably one concerning the proper excise tax rate for wineries. This was resolved in November, […]

Massachusetts’s First Annual Direct Wine Shipping Report

As we are all happily aware, Massachusetts joined the ranks of direct to consumer (DtC) states at the beginning of 2015. Now that a year has passed, wineries will soon have to file an annual shipping report for their DtC sales in the state. As this is the first year the report will be due, […]

UPS Begins Shipping to Massachusetts

UPS has announced they are open for wine shipping services in Massachusetts.  Shipments to Massachusetts began on February 1st when FedEx received the proper permits and began shipping. Now both of the major carriers are operational in MA. For a full list of states to which UPS will ship and guidelines for wine shippers, see […]

Over 500 Wineries Permitted to Ship into Massachusetts

Earlier this year, we published a post that celebrated the new opportunities that direct shipping into Massachusetts would provide to wineries shipping direct-to-consumer. We also walked through the recommended steps wineries should take to begin shipping into Massachusetts as of February 1, 2015. As March comes to a close we wanted to provide a quick […]

Wineries Toast to a New Market – Direct Wine Shipping to Massachusetts

FedEx will begin shipping wine to Massachusetts on Febuary 1st

FedEx announced today that, effective Feb. 1, 2015, FedEx Express and FedEx Ground will open the state of Massachusetts for legal shipments of alcoholic beverages. The announcement provided the following: FedEx Ground and FedEx Express will both transport legal alcoholic beverage shipments into, out of and within the state of Massachusetts starting Feb. 1, 2015. […]

Massachusetts DTC Applications – How to Get Started

As ShipCompliant reported earlier this week, the new Direct Wine Shipper License application and advisory were released over this past weekend. The new permit law replaces the existing unworkable direct shipping law in its entirety. See the previous post to read more about how the new laws, in effect starting January 1, 2015, apply to […]

New Direct Wine Shipper License Applications Now Available for Massachusetts

As we discussed in a previous post, Massachusetts opening to direct shipping is probably the biggest change that we have seen in direct wine shipping since the Granholm Supreme Court decision of 2005. Over the weekend, the Massachusetts ABCC updated their website with a brief advisory on the new direct shipping law that summarizes the […]

Is Massachusetts the Most Important Change Since Granholm?

The opening of Massachusetts for direct shipping is perhaps the most important change to the direct shipping market since the Granholm v. Heald Supreme Court decision in 2005. We estimate that within three years of opening for direct shipments on January 1, 2015, Massachusetts will easily vault into the top ten states by shipping revenue […]

Direct Shipping To Massachusetts–Finally!

Eight years after Massachusetts passed an unworkable and overly-restrictive direct shipping bill, and four years since the same law was ruled unconstitutional by a federal court, Bay State legislators finally passed a workable direct wine shipping law that will allow out-of-state and in-state wineries to ship wine directly to state residents. The new law was […]

Will Massachusetts Lawmakers Finally Act?

In January of 2010, the United States Court of Appeals for the First Circuit affirmed the judgment of the District Court in the case of Family Winemakers of California v. Jenkins. This ruling struck down the 30,000 gallon capacity cap, which excluded 98% of domestic wines from shipment to Massachusetts. Although this represented a big […]

2013 Wine Compliance Legislative Updates and a Virtual Seminar Invitation

You may remember reading our posts highlighting what to look for in the legislative season back at the beginning of 2013. Now that many legislative sessions are starting to come to a close, here is a quick check-in on this year’s legislative changes, all of which will be addressed in detail at the ShipCompliant Direct […]

Is the Marketplace Fairness Act Fair for Wineries?

In short, yes, for a couple of reasons: 1. Wineries already pay sales tax in most states 2. The vast majority of wineries will likely be exempt from the law So what is it, exactly? Senate Bill S. 743, more commonly known as the “Marketplace Fairness Act“, is a pretty simple bill that would give […]

What to Look for in Wine Compliance in the Coming Year

As we like to do at the beginning of each year, we once again look into our crystal ball and offer you some informed prognostications as to what the world of wine direct shipping might have in store for the coming year. While we don’t see any negative trends impacting the compliance world in the […]

Maryland Direct Wine Shipment Report will be Important in Other States

Since 2005 when the Granholm v. Heald Supreme Court decision opened the floodgates for direct wine shipping legislation, questions about whether direct shipping would harm local businesses, would hurt tax revenue and would lead to a significant increase in minors accessing alcohol have been posed. It has been rare that these and other questions are […]

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

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, […]

Massachusetts Remains Elusive for Direct Shippers

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 […]

Massachusetts will not appeal Family Winemakers decision

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. […]

Notes on Wine Distribution v.32

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 […]

High Fives in the First Circuit

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 […]

Huge win for wineries, but can I ship to Massachusetts now?

First Circuit affirms District Court decision On Thursday, January 14th, the United States Court of Appeals for the First Circuit affirmed the judgment of the District Court in the case of Family Winemakers of California v. Jenkins. The appellatte decision represents a major victory for wineries and may be the end of the case that […]

Massachusetts Still Question Mark for 30K-Gallon Wineries

On January 16, 2009, the state filed its notice of appeal in the 2006 Granholm-based federal suit, Family Winemakers of California v. Jenkins. The District Court had entered judgment on December 18, 2008, enjoining enforcement of a statute that prevents direct shipment by 30,000-gallon-or-more wineries that sell through Massachusetts wholesalers (a category exclusively out-of-state), while […]

Up and Running (So Far)

Happily for the plaintiffs, Judge Zobel’s final judgment in Family Winemakers of California v. Jenkins took the path that seemed most likely from the tone and content of her memorandum and order of 19 November 2008 and leveled up. The judgment entered 18 December 2008 orders the state “to permit wineries of all sizes to […]

A Battle Well-Picked and Well-Fought

David does best when he can choose the right Goliath. The Massachusetts volume cap on direct shipment, invalidated last week in Family Winemakers of Calif. v. Jenkins, was a good choice to challenge for at least three reasons. First, there was gold in the legislative record: a sponsor described the bill as “giving an inherent […]

Family Winemakers Court Win is Big for the Industry

On November 19th, 2008, Judge Rya W. Zobel, in the case of Family Winemakers of California v. Jenkins, allowed the plaintiffs’ motion for summary judgment, concluding that Massachusetts General Laws chapter 138, section 19F: … has a discriminatory effect on interstate commerce because as a practical matter it prevents the direct shipment of 98% of […]

Family Winemakers of California Making Headway in Massachusetts

On May 29, 2008, Family Winemakers of California filed a motion for summary judgment in Family Winemakers of California v. Jenkins, now before the federal district court for Massachusetts. The suit alleges that section 19F, the Massachusetts law that permits direct-to-consumer wine shipping, is unconstitutional because it “unequivocally discriminates against interstate commerce in both purpose […]

Caps Off to Dolan's Intentions

In October of last year, wineries began shipping directly to Ohio residents under a new direct shipping permit law. When the provisions of the law in Ohio were first announced, one of the major subjects of controversy was the capacity cap, which only allows wineries that produce less than 150,000 gallons annually to obtain a […]

Free the Grapes! Legislation and Litigation Update

From Jeremy Benson at Free the Grapes! : Free the Grapes! Media Update August 2007 Now that we’re at the end of most state legislative sessions, we thought it timely to provide an update on direct-to-consumer (DTC) wine direct shipping as of month-end July 2007. Here are some highlights, followed by a more detailed description. […]

Buckeye Budget Bill Could Affect Direct Shipping

The Ohio Senate unanimously passed HB 119, which would move Ohio towards becoming compliant with Granholm. HB 119 creates a permit system for wineries seeking to ship directly to consumers in Ohio. As reported by the Dayton Daily News, the direct shipping provision was inserted by the Senate as an amendment to the proposed 2008-09 […]

Why Can't I Have a Boston Wine Party?

The current lawsuit Family Winemakers of California v. Jenkins challenges an important aspect of the Massachusetts law regarding direct to consumer shipment of wine by out of state wineries. Recent articles have mentioned that the production limits adopted by Massachusetts act as a method of protecting in state wineries from interstate commerce and restrict the […]

Free The Grapes! legislative update

Free the Grapes! recently provided an update on direct to consumer shipping legislation and litigation for 2007. As you can see below, many changes are likely to come this year. LEGISLATIVE UPDATE Wine Institute provided the following summary of direct shipping legislation around the country. Alaska –House Bill 34 (Ledoux) would specifically allow in-state wineries […]

"New Vintage" of Wine Litigation

There’s an excellent article on law.com titled “New Vintage of Wine Litigation is Fermenting”. The article summarizes the “next wave” of wine lawsuits that will continue to shake up the landscape of direct shipping. New suits and amended complaints filed in the past year are attacking requirements that consumers must purchase wine in person, with […]

A response to the Family Winemakers lawsuit

Doug Caskey, from the Colorado Wine Industry Development Board, responded to our post about the lawsuit in Massachusetts with a lengthy comment. I wanted to republish it in a new post because it is well worth reading. At the risk of sounding like a traitor to the cause of wine, free trade and the American […]

Family Winemakers sues Massachusetts over capacity cap

In the previous post, we mention that a group sued Arizona over the discriminatory nature of their 20,000 gallon capacity cap. Now, the Family Winemakers of California, a group representing over 740 small and medium sized wineries, is suing the State of Massachusetts for the same reason. Paul Kronenberg, President of Family Winemakers, said the […]

The broader effects of Costco

I. Discrimination against Direct Distribution from Outside the State There seems little doubt that Costco�s reading of Granholm will survive appeal. Nothing appeared in the Costco record to distinguish direct shipment of beer and wine to retailers from direct shipment of wine to consumers. Most states with wine industries allow local wineries some form of […]

MA Congress overrides Romney veto, court challenge likely

The Massachusetts House and Senate overrode a veto by Governor Milt Romney , writing into law a bill that will allow small farm wineries that produce less than 30,00 gallons per year to ship directly to consumers. It also allows residents to take home bottles of wine purchased at restaurants if the restaurant re-corks the […]

Romney introduces new bill

After vetoing a bill passed by the Massachusetts House and Senate in January, Governer Milt Romney introduced his own bill that would allow for “unrestricted wine sales” while providing mechansims for preventing the sale of wine to minors.

Massachusetts Governor vetoes wine bill

MA Governor Romney vetoed a bill passed by the House and Senate, calling it anti-consumer. “This bill does not give wine lovers the opportunity to purchase the bottlings they want”, he said “It creates artificial barriers to protect Massachusetts wholesalers at the expense of a free market.”