Legal News Watch - Consumer Rights Blog

New York Wine Law Ruled Unconstitutional

December 1st, 2002 · No Comments

MANHATTAN, NY — Southern District Judge Richard M. Berman Tuesday ruled a state law banning the direct shipment of out-of-state wines to consumers in New York unconstitutional. The New York law, similar to those in 29 other states, requires all alcoholic beverages shipped into the state be consigned to licensed distributors. Licensed wineries within the state are not subject to the direct shipment ban.

“That the New York direct shipping ban on out-of-state wines burdens interstate commerce and is discriminatory (on its face) is clear from the very wording (let alone the impact) of exemptions favoring in-state wineries,” Judge Berman said.

(via New York Law Journal)

Tags: Unfair Business Practices

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