Pinot Law

Because the U.S. Supreme Court just issued a decision regarding chewing tobacco that could have implications for direct wine shipments. The Supreme Court opinion in in Rowe v. New Hampshire Motor Transport struck down a Maine law that required common carriers — for example FedEx — to obtain signatures of those having tobacco products shipped to them. The Supreme Court in this case concluded that federal law governing common carriers preempted the Maine regulation that required signatures.

So what does this have to do with direct shipments of wine? Well, as a press release from the Specialty Wine Retailers Association points out, the distributors will likely use this case as their latest bogeyman to scare lawmakers and regulators. But if any of your distributor friends try to make this argument, you just tell them the following: 1) retail winery’s are committed to ensuring the safe delivery of their product to legal age consumers (which is why we pay common carriers to confirm age upon delivery); 2) the Rowe case — while interesting — does not impact wineries in any way, shape or form; and 3) internet delivery of wine is not how most teenagers get their liquor — most get it from their parents.

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