Fighting for Your Rights as a Consumer

Aug 25, 2015

(Wine-Searcher) - Empire Wine & Spirits general manager Adam Morey calls for support in the fight against obsolete regulations.

For nearly a year now, Empire Wine has been fighting to protect the consumer's right to purchase wine online for interstate shipment.

Our on-going battle with the New York State Liquor Authority has received extensive coverage in the press, including here on Wine-Searcher.

The New York State Liquor Authority has charged us with shipping wine direct to consumers where out-of-state wine sales are prohibited. The agency is seeking to revoke our license, based on their belief that such activity counts not as a violation of any New York state statute, but that it falls into the vague category of "improper conduct".

This is despite the fact that no other state has even filed charges, never mind convicted us of violating their laws. California has actively chosen not to enforce its own law but incredibly, it is among the states for which Empire received a citation in New York.

Savvy buyers appreciate e-commerce as an avenue for purchasing wine. The practice saves them time, provides greater selection and offers competitive pricing. It is an advantageous economic practice that benefits consumers – both in-state and out-of-state – and boosts our local economy.

But if the New York State Liquor Authority has its way, and penalizes Empire Wine for perceived violations of the constitutionally questionable laws of other states, the end result ultimately is that you, the wine consumer, will be harmed. The legal landscape for online wine sales in the United States will become even murkier, creating a chilling effect across the nation.

In order to combat the Liquor Authority's attempt to squelch businesses like ours, Empire Wine sought the support of our elected representatives. By the end of the 2015 legislative session, both houses of the New York State Legislature passed a bill which clarifies that the Authority’s jurisdiction is limited to wine sold for consumption within New York.


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