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HOUSE DOCKET, NO. 3414 FILED ON: 1/17/2025
HOUSE . . . . . . . . . . . . . . . No. 435
The Commonwealth of Massachusetts
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PRESENTED BY:
John J. Mahoney
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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act amending successor supplier laws.
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PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:John J. Mahoney13th Worcester1/17/2025 1 of 2
HOUSE DOCKET, NO. 3414 FILED ON: 1/17/2025
HOUSE . . . . . . . . . . . . . . . No. 435
By Representative Mahoney of Worcester, a petition (accompanied by bill, House, No. 435) of
John J. Mahoney relative to the right or obligation to sell items with brand names to wholesalers.
Consumer Protection and Professional Licensure.
The Commonwealth of Massachusetts
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In the One Hundred and Ninety-Fourth General Court
(2025-2026)
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An Act amending successor supplier laws.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:
1 Chapter 138 of the General Laws, as appearing in the 2022 Official Edition, is hereby
2amended by inserting after section 25E 3/4 the following section:-
3 Section 25E 7/8. (a) For purposes of this section, a “successor supplier” shall mean any
4person who acquires, in any manner whatsoever, whether directly or indirectly, the right or
5obligation to sell an item with brand name to a wholesaler licensed in the commonwealth.
6 (b) Any successor supplier acquiring a right or obligation to sell to a wholesaler does so
7subject to the agreement between the wholesaler and the supplier existing at the time of
8succession.
9 An agreement with a licensed wholesaler includes, without limitation, a commercial
10relationship of a definite or indefinite duration between a wholesaler and the person selling a
11brand item to such wholesaler, whether oral or in writing, or any relationship whereby the 2 of 2
12licensed wholesaler is granted the right to offer and sell items with brand names within the
13commonwealth.
14 All sales of a brand name item made to a licensed wholesaler prior to succession shall be
15attributed to the successor supplier for the purpose of determining whether six months of regular
16sales exist, pursuant to section 25E.
17 The provisions of section 25E, prohibiting a supplier from refusing the sell an item
18having a brand name, shall further be binding on any successor supplier.
19 (c) This section shall be liberally construed to effectuate the remedial purpose of the
20protections set forth in section 25E.