A Commonwealth of Massachusetts Superior Court judge has ruled that the application of the state’s franchise termination provisions, which were amended in 2021 to allow breweries to terminate wholesalers in the absence of cause, in a case involving Atlantic Importing Co. and Jack’s Abby Brewing, LLC is unconstitutional due to the use of arbitration to determine what the brewer owed the wholesaler upon termination. The ruling vacates the previously arbitrated award, and the Court will meet with both parties to determine further proceedings.
Pete Johnson serves as the State & Regulatory Affairs Manager for the Brewers Association (BA). He joined the BA at its inception in 2005, having previously worked as Programs Director for the Brewers Association of America. Before coming to the small brewing industry in 2001, Pete worked for 14 years with both state and federal elected officials in Pennsylvania and Washington, D.C.See Pete Johnson's Articles