Tag Archives: distributor

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TERMINATING YOUR WHOLESALER DUE TO THEIR FAILURE TO USE “BEST EFFORTS”

Law Offices of John P. Connell, P.C.: Alcoholic beverage manufactures such as instate and out-of-state breweries, wineries and distilleries are familiar with the Massachusetts “franchise law” that prohibits a manufacturer from (ever) terminating its established wholesaler unless it can prove “good cause” for doing so at the ABCC. Pursuant to G.L. c. 138, § 25E, there exists 5 separate grounds Continue Reading...
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Craft Brewers Seeking To Create Their Own Wholesale Companies And By-Pass Traditional Distributors With Their Franchise Entanglements

Law Offices of John P. Connell, P.C.: As reported in today’s Boston Globe, Night Shift Brewing Company of Everett, a farmer-brewer licensed pursuant to G.L. c. 138, section 19C, has commenced its own wholesaler business pursuant to G.L. c. 138, Section 18, so as to avoid using the more established wholesalers/distributors in Massachusetts. Such traditional brewer-wholesaler distribution arrangements reduce significantly Continue Reading...
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New FDA Regulations Could Cost Breweries

Law Offices of John Connell, P.C.: New U.S Food and Drug Administration (FDA) regulations will soon require chain restaurants with 20 or more locations to display the nutritional information on their menus (or make such information available upon request by the customer) by December 1, 2016, including nutritional information for alcoholic beverages sold by these “national chains.” Such required information Continue Reading...
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The Massachusetts Franchise Law and Introducing “New Brands” – Do They Have To Go To Your Wholesaler?

Law Offices of John P. Connell, P.C.: As most wineries, breweries, distilleries and importers are aware, once a manufacturer of alcoholic beverages has regularly placed a particular “brand” with a Massachusetts wholesaler within the last six months, it cannot refuse to sell that “brand” to that wholesaler pursuant to G.L. c. 138, §25E in the absence of a written contract Continue Reading...
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Applying for a Wholesaler Liquor License

Law Offices of John P. Connell, P.C.  In Massachusetts, a wholesaler is a person or business that purchases alcoholic beverages from manufacturers, such as breweries, wineries, and distilleries, and then sells those alcoholic beverages at a markup price to retailers, such as restaurants and liquor stores. The wholesaler occupies the middle tier of the three-tier system used here in Massachusetts and Continue Reading...
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