Friday, October 28, 2011

Unfortunately, “Wholesale deception” (Commentary, Oct. 20) gets the facts wrong regarding the Community Alcohol Regulatory Effectiveness (CARE) Act.

The article wrongly claims the CARE Act would reverse a prior Supreme Court decision that protects wineries from discrimination by states regarding direct shipping to consumers. In fact, the legislation directly tracks the Supreme Court’s language on the matter; the legislation would not overturn the Supreme Court ruling.

Forty states allow some form of direct shipping, and the CARE Act reaffirms state authority to allow such direct shipments if they choose. State attorneys general, alcohol regulators, public health groups, safety advocates, independent retailers and others are all on record in support of the CARE Act. They, along with the bill’s 111 bipartisan co-sponsors in Congress, understand that this bill seeks to assist states in the battle being waged in our federal court system against the time-tested, state-based system for alcohol controls.

Since 2005, more than half the states have had legal challenges to their alcohol laws by powerful alcohol interests seeking carte blanche to do as they want over state objections.

To be clear, the main interest of those supporting the CARE Act is to support the states’ rights in deciding how, where and when alcohol is sold in their local communities, as guaranteed under the 21st Amendment to the U.S. Constitution.


Vice president, Public Affairs and Communications

National Beer Wholesalers Association


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