Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H350 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1 of 1
2	2	HOUSE DOCKET, NO. 4119 FILED ON: 1/17/2025
3	3	HOUSE . . . . . . . . . . . . . . . No. 350
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Rob Consalvo
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act relative to governing private label of distilled spirits.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Rob Consalvo14th Suffolk1/17/2025 1 of 3
16	16	HOUSE DOCKET, NO. 4119 FILED ON: 1/17/2025
17	17	HOUSE . . . . . . . . . . . . . . . No. 350
18	18	By Representative Consalvo of Boston, a petition (accompanied by bill, House, No. 350) of Rob
19	19	Consalvo relative to private labels of distilled spirits. Consumer Protection and Professional
20	20	Licensure.
21	21	The Commonwealth of Massachusetts
22	22	_______________
23	23	In the One Hundred and Ninety-Fourth General Court
24	24	(2025-2026)
25	25	_______________
26	26	An Act relative to governing private label of distilled spirits.
27	27	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
28	28	of the same, as follows:
29	29	1 SECTION 1. Chapter 138 of the General Laws, as appearing in the 2022 Official Edition,
30	30	2is hereby amended by adding at the end thereof the following new section:-
31	31	3 Section 79. (a) For the purposes of this section, the following words shall have the
32	32	4following meanings:
33	33	5 “Control label brand”, means a distilled spirit product that is manufactured for sale or
34	34	6sold under an agreement between a supplier and a retailer under which the retailer coordinates
35	35	7the manufacture, including, but not limited to, flavor profile, formulation, production costs,
36	36	8volume, or schedule, source of any ingredients, packaging, or labeling of the product and its
37	37	9distribution at the retailer’s outlet or outlets; provided, however, the retailer does not directly or
38	38	10indirectly own the name or trademark of the product. 2 of 3
39	39	11 “Private label brand”, means a distilled spirit product that is manufactured for sale or sold
40	40	12under an agreement between a supplier and a retailer that bears a name or trademark directly or
41	41	13indirectly owned by a retailer.
42	42	14 “Retailer”, means a holder of a license authorizing the sale of distilled spirits to
43	43	15consumers.
44	44	16 “Supplier”, means a holder of a license issued by the commission authorizing the
45	45	17manufacture of distilled spirits or authorizing the importation of distilled spirits into the
46	46	18commonwealth.
47	47	19 (b) A retailer offering for sale any private or control label brand shall disclose in writing
48	48	20to its customers where the product is displayed, both in-store as well as in any solicitation,
49	49	21advertising or online offering or promotion, that the private or control label brand is the retailer’s
50	50	22private or control label brand. Such disclosure shall be clear and conspicuous.
51	51	23 A private or control label brand shall not contain any statement, design, device, or
52	52	24pictorial representation, including, but not limited to, bottle design, trade dress, packaging, or
53	53	25brand name which a consumer is reasonably likely to find confusingly similar to any other
54	54	26alcohol beverage product regardless of product type or class.
55	55	27 A supplier shall sell the private or control label brand to a retailer only through the
56	56	28commission’s legal distribution system in compliance with all related distribution laws and
57	57	29regulations.
58	58	30 A retailer offering for sale any private or control label brand shall comply with all trade
59	59	31practice laws and regulations and interpretations of such laws and regulations set forth that are 3 of 3
60	60	32applicable to suppliers, manufacturers and wholesalers of non-private or non-control label
61	61	33brands.
62	62	34 A retailer offering for sale and selling any private or control label brand shall not engage
63	63	35in any preferential in-store practice for such product, unless those practices are offered on an
64	64	36equitable basis for other products for sale by that retailer.
65	65	37 The retailer shall pay all costs associated with the development, bottling, labeling, or
66	66	38packaging of the private or control label brand. Pricing for a private or control label brand shall
67	67	39be independently established by the supplier or wholesaler.
68	68	40 The supplier, wholesaler, or retailer shall keep a record of all private or control label
69	69	41brand sales for at least 3 years. The records shall include: the name of the retailer or wholesaler
70	70	42buying the product; for each transaction, the quantity of product and the date of sale and
71	71	43delivery; and a list of the quantity of each control or private label brand sold to a specific
72	72	44licensed retailer or licensees under the same ownership, control or management of that retailer
73	73	45during each calendar year.
74	74	46 (c) The commission may investigate all aspects of business relationships, including, but
75	75	47not limited to, relationships related to private or control label brands, to determine the presence
76	76	48of trade practice violations that may result from collaboration in private or control label brands.
77	77	49 (d) The commission shall establish a process and procedures to enforce the provisions of
78	78	50this section and address complaints.
79	79	51 SECTION 2. The alcoholic beverages control commission established under section 70 of
80	80	52chapter 10 may promulgate rules and regulations for the implementation of this act.