Pinot Law

I thought a fair amount of time would elapse between my entry last week and the next instance in which I would have to write about alarming accusations from wholesaler interests. Unfortunately, I was sadly mistaken.

It has only been a week, but the Wine & Spirits Wholesalers of America (WSWA) just fired another shot across the bow of wineries and retailers in the never ending battle over direct shipments. The shot took the form of a letter to liquor control boards, attorneys general and governors, and voiced “grave concern” about the practice of shipping beverage alcohol to consumers across state lines, outside of regulatory channels and in violation of most states’ laws. The letter apparently went to all 50 states.

This time around at least, wineries were not compared to Tony Soprano. Instead, we are just one of a “growing number of interstate purveyors of beverage alcohol” who are “flaunting” our “disdain” for laws designed to “prevent underage access and ensure accountability.” Not only that, but we are also “remorseless”

What evidence does WSWA President and CEO Craig Wolf present to these 50 state regulators and officials as a basis for his conclusion that illegal interstate shipment of wines is rampant? Government reports? Independent studies? Detailed exposes? Actually, he offers up a couple of blog entries from Decanter.com and Vinography and throws in a single New York Times article for good measure. Don’t get me wrong. Both blogs are fantastic and Eric Asimov’s Times article made for an interesting read. But two blog entries on a contentious issue and a single NYT article shouldn’t form the basis for: 1) urging aggressive legal action by 50 State AGs across the entire nation; and 2) criticizing an entire industry based on the (alleged) actions of a few.
The bottom line of course, is that often times letters such as these can result in action. There are lots of good resources out there for wineries to use in order to ensure compliance with the often times challenging direct shipping laws, like here and here. So be careful out there.

And finally, one comment to Mr. Wolf. I’m fairly new to the winery business, but I will echo the statement of Alder Yarrow on his original vinography blog entry cited in your letter. In it, Mr. Yarrow said, “the wine industry, while competitive, is generally marked by a real collegiality.” In that regard, could you and your cohorts please stop comparing us to Tony Soprano and full time lawbreakers? We would appreciate it.