Many states across the country have allowed wineries to ship directly to consumers for years without any problems in regard to underage access to those wines. Prior to the Supreme Court decision on the Granholm case, approximately twenty-six states had shipping laws that allowed various forms of direct to consumer shipments. These states have successfully implemented their laws to protect against underage access to alcohol.

Since the Granholm decision, many states have opened up to allow direct to consumer shipments of wine. Legislatures in these states examined available information and created controllable, accountable and responsible permit systems for out of state wineries that provide for consumer shipments while protecting against underage access.

In July 2003, the Federal Trade Commission conducted a lengthy examination of the direct shipment issue, which involved interviewing regulators from states with direct shipment laws, bringing stakeholders together for a public workshop, and conducting a study to determine the economic implications of direct shipment for consumers. The commission released a detailed report entitled “Possible Anticompetitive Barriers to E-Commerce: Wine” [.pdf].
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Not surprisingly, the FTC report found that regulators in direct shipment states report few, if any, problems regarding underage access. Prior to the Supreme Court decision, 87% of the nation’s population could receive wine shipped directly to their home from in-state sources. If home delivery of wine posed an enormous risk of delivery to underage persons, surely so many states would not have enacted and retained laws allowing such deliveries.

It is well known that underage drinkers are not seeking out premium table wine, paying extra shipping charges and waiting a week or two for delivery. The likelihood of underage buyers taking the trouble, exposing themselves to discovery, leaving a documentary paper trail and paying the costs of home delivery by common carrier is very minimal, a fact confirmed time and again by regulators in states where direct wine shipment is commonplace, such as Missouri and Virginia.

If there are problems with any producers or retailers not following the same procedures as wineries allowing underage consumers to access wines, spirits and beer they must be dealt with. Wineries have been working with state legislatures and state alcohol control boards to devise a shipping system that is controllable, responsible and accountable and that removes incentives for shipments to underage purchasers. Wineries and consumers are willing to comply with these rules in order to retain the privilege of direct shipping. As long as the state can regulate such shipments and those sellers that do not comply with the regulations are dealt with, then wineries continue to support the laws allowing direct to consumer shipments. At the same time, wineries continue to have zero tolerance for underage access.