Archive for the ‘Shipping Wine’ Category

Oct 11, 2020

Wine Wholesalers and Lawmakers Are Playing Chicken With Amazon

I watched a committee hearing last week that heard testimony concerning the proposal in New Jersey to lift the production cap that currently prohibits large, out-of-state wineries from shipping wine to New Jersey consumers. It isn’t likely to pass this year, but it eventually will. In the course of the hearing, various folks giving testimony assured members of the committee that, “no!”, this bill would not allow out-of-state retailers to ship wine into New Jersey. That soothed the concerns of…

Sep 28, 2020

Alcohol’s Three-Tier System Is Losing Its Power to Impress Judges

It was really an unusual takedown of an attorney by a judge. It was something you don’t see (or hear) very often. And it indicates what may be a significant change in the way the “three-tier” system is understood by members of the judicial branch. The incident I want to draw readers’ attention to occurred during oral arguments at the 8th Circuit Court of Appeals last Thursday in the case of Sarasota Wine v Schmidt. This case challenges Missouri’s law…

Sep 19, 2020

Recalling Justice Ginsburg as a Champion of the Wine Industry

Justice Ruth Bader Ginsburg will not be remembered or revered for her 21st Amendment or Commerce Clause jurisprudence. Nevertheless, it’s true that Justice Ginsburg provided reliable support for the view that the 21st Amendment to the Constitution (ending Prohibition) does not give the states unlimited power to regulate alcohol sales and distribution in their jurisdictions. Rather, Justice Ginsburg embraced an interpretation of the Constitution that has led to a radical re-imagining of the role of state regulation of alcohol. In…

Sep 7, 2020

COVID-Driven Online Wine Sales Are Here To Stay Post Pandemic

We all know that during this pandemic, as wineries, bars and restaurants were shuttered, we saw a significant increase in online sales of wine, delivery of wine and direct shipment of wine. However, the question that has been nagging at me has been, once this pandemic is over what percentage of those who have increased their online purchases of wine and delivery/shipment of wine will stick with their increased devotion to purchasing wine in this manner? Will folks put down…

Aug 24, 2020

What Would You Ask the Enemies of Wine Shipping?

If you had a chance to pepper with questions those folks who… -oppose interstate wine shipping -oppose consumers being able to access the wines they want but can’t find locally -have argued that direct shipping by wineries and retailers will not only harm children but also destroy the three-tier system -have taken every opportunity to tell courts that winery and retailer shipping is dangerous and harmful and that consumers would be happy with what the three-tier system gives them …what…