1 of 1 SENATE DOCKET, NO. 602 FILED ON: 1/14/2025 SENATE . . . . . . . . . . . . . . No. 203 The Commonwealth of Massachusetts _________________ PRESENTED BY: John J. Cronin _________________ 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. _______________ PETITION OF: NAME:DISTRICT/ADDRESS :John J. CroninWorcester and Middlesex 1 of 2 SENATE DOCKET, NO. 602 FILED ON: 1/14/2025 SENATE . . . . . . . . . . . . . . No. 203 By Mr. Cronin, a petition (accompanied by bill, Senate, No. 203) of John J. Cronin for legislation to amend successor supplier laws in regards to brand name items sold to a licensed wholesaler. Consumer Protection and Professional Licensure. The Commonwealth of Massachusetts _______________ In the One Hundred and Ninety-Fourth General Court (2025-2026) _______________ 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 Section 25E of Chapter 138 of the General Laws is hereby amended by adding the 2following new section:- 3 Section 25E 7/8. The provisions of Section 25E prohibiting a supplier from refusing to 4sell an item having a brand name are binding on any successor supplier. A successor supplier is 5any person who acquires, in any manner whatsoever, whether directly or indirectly, the right or 6obligation to sell an item with brand name to a wholesaler licensed in this state. Any successor 7supplier acquiring a right or obligation to sell to a wholesaler does so subject to the agreement 8between the wholesaler and the supplier existing at the time of succession. All sales of a brand 9name item made to a licensed wholesaler prior to succession will be attributed to the successor 10supplier for the purpose of determining whether six months of regular sales exist under Section 1125E. An agreement with a licensed wholesaler includes, without limitation, a commercial 12relationship of a definite or indefinite duration between a wholesaler and the person selling a 2 of 2 13brand item to such wholesaler, whether oral or in writing, or a relationship whereby the licensed 14wholesaler is granted the right to offer and sell items with brand names within this state. The 15provisions of this Section 25E are to be liberally construed to effectuate the remedial purpose of 16the protections of Section 25E.