Beer Distributors Can Now Sell 12-PackS
The PLCB’s Office of Chief Counsel has issued a legal advisory allowing Pennsylvania’s beer distributors to sell 12-packs of beer. Previously beer distributors were only allow to sell 24-packs or more of beer while bars and bottle shops could sell smaller quantities.
Below is the important part of the ruling:
Practically, this advisory opinion clarifies existing law by informing brewers that they may sell “original containers” as long as the container contains at least 128 fluid ounces, for example a 12-pack, to distributors that may be resold “as is” to consumers. No modifications to existing inventory held by distributors and importing distributors is allowed.
Although the option of purchasing beer in 12-packs would appear to be a clear win across the board, even MADD has come out against the case law, not everyone is happy about the PLCB ruling. The PA Brewers Association said “the PLCB have exceeded their legal authority” and that the ruling paves the way for the sale of 18-packs. A size that favors “foreign-owned, mega-brewers” and is a “predatory, ‘loss leader’.” The trade association, that represents and promotes Pennsylvania-based breweries says the ruling will put local brewers at a competitive disadvantage.
12-Packs as Single Original Containers (PDF) [PLCB]