Mass. Gen. Laws » Part I Title XX Chapter 138
Massachusetts General Laws

Mass. Gen. Laws ch. 138, § 25E (2026)

Refusal to sell brand name alcoholic beverages to wholesalers as unfair trade practice; exception for good cause; discontinuance notice and procedure

✓ current as of July 2026
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Section 25E. It shall be an unfair trade practice and therefor unlawful for any manufacturer, winegrower, farmer-brewer, importer or wholesaler of any alcoholic beverages, to refuse to sell, except for good cause shown, any item having a brand name to any licensed wholesaler to whom such manufacturer, winegrower, farmer-brewer, importer or wholesaler has made regular sales of such brand item during a period of six months preceding any refusal to sell.

Any manufacturer, importer or wholesaler shall forward a notice in writing to the wholesaler, to whom it has sold any brand item, prior to discontinuing sales to such wholesaler of such brand item and shall forward a copy of said notice to the commission. The notice of discontinuance of sale shall be furnished by the manufacturer, importer or wholesaler to the wholesaler being discontinued at least one hundred and twenty days before the effective date of such discontinuance. The notice shall state the specific grounds for such discontinuance. Either party may appeal to the commission for a hearing on the notice of discontinuance and the commission shall make a determination after hearing on the issue of good cause for discontinuance. Upon application by the wholesaler to the commission, the commission shall order the manufacturer, importer or wholesaler giving notice of refusal to sell to continue to make sales in the regular course to such wholesaler pending determination by the commission on the merits of said appeal. The commission shall after notice to all parties and hearing, make a determination on the issue of good cause and grant such relief as may be appropriate under the circumstances. Good cause as used herein shall be limited to the following conduct:

(a) disparagement of the product so as to impair the reputation of the brand owner or the brand name of any product,

(b) unfair preferment in sales effort for brand items of a competitor,

(c) failure to exercise best efforts in promoting the sale of any brand item,

(d) engaging in improper or proscribed trade practices, or

(e) failure to comply with the terms of sale agreed upon between supplier and wholesaler.

Notes of Decisions
Cited in 17 cases, 1983–2019 · leading case: Seagram Distillers Co. v. Alcoholic Beverages Control Comm'n, 401 Mass. 713 (Mass. 1988).
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Seagram Distillers Co. v. Alcoholic Beverages Control Comm'n, 401 Mass. 713 (Mass. 1988). · cites it 6× “The primary issue involved is what constitutes “good cause” termination by the supplier of a wholesale liquor distributorship agreement under G. L. c. 138, § 25E. 4 The parties also allege other errors *715 of law and question the sufficiency of and support in the evidence for…”
Heineken U.S.A., Inc. v. Alcoholic Beverages Control Comm'n, 818 N.E.2d 191 (Mass. App. Ct. 2004). · cites it 11× “We consider whether a supplier of alcoholic beverages may terminate sales to a wholesaler, who appears to have *568 gone out of business, without giving “notice of discontinuance of sale,” as provided by G. L. c. 138, § 25E. 2 After hearing, the Alcoholic Beverages Control…”
Somerset Importers, Ltd. v. Alcoholic Beverages Control Comm'n, 551 N.E.2d 545 (Mass. App. Ct. 1990). · cites it 4× “This raised the question whether, within the meaning of G. L. c. 138, § 25E, the statutory phrase “refusal to sell” means a partial curtailment of sales as well as an entire discontinuance of sales.”
Heublein, Inc. v. Alcoholic Beverages Control Comm'n, 571 N.E.2d 430 (Mass. App. Ct. 1991). · cites it 5× “They claimed that Heublein was a sales agent for Austin-Nichols, a liquor importer, and had refused to sell certain alcoholic beverages to them in violation of G. L. c. 138, § 25E. That statute, recited in pertinent part in the margin, 3 “makes it an unfair trade practice for an…”
Heublein, Inc. v. Capital Distrib. Co., 751 N.E.2d 410 (Mass. 2001). · cites it 2× “3 Those distribution relationships were governed by G. L. c. 138, § 25E, which makes it an *700 unfair trade practice for a manufacturer (or other supplier), absent good cause, to refuse to sell a brand of alcohol to a wholesaler if the manufacturer has made regular sales of…”
Pastens Wine & Spirits Co. v. Alcoholic Beverages Control Comm'n, 518 N.E.2d 841 (Mass. 1988). · cites it 2× “, a liquor importer, was violating G. L. c. 138, § 25E, by refusing to sell Pastene certain alcoholic beverages.”
Beverages Int'l, Ltd. v. Alcoholic Beverages Control Comm'n, 512 N.E.2d 1148 (Mass. App. Ct. 1987). · cites it 4× “” Beverages then requested, pursuant to G. L. c. 138, § 25E, a hearing before the commission to determine the rights and obligations of the parties under that statute.”
Brown-Forman Corp. v. Alcoholic Beverages Control Comm'n, 841 N.E.2d 1263 (Mass. App. Ct. 2006). “672, § 10, G. L. c. 138, § 25E, provides in relevant part that it is “an unfair trade practice and therefore] unlawful for any manufacturer, winegrower, farmer-brewer, importer or wholesaler of any alcoholic beverages, to refuse to sell, except for good cause shown, any item…”
Pastene Wine & Spirits Co. v. Alcoholic Beverages Control Comm'n, 449 N.E.2d 1235 (Mass. App. Ct. 1983). · cites it 2× “30A, § 14, for review of a decision of the Alcoholic Beverages Control Commission (Commission) , under the provisions of the liquor franchise protection law, G. L. c. 138, § 25E. A summary judgment was entered dismissing the complaint.”
Charles E. Gilman & Sons, Inc. v. Alcoholic Beverages Control Comm'n, 814 N.E.2d 1102 (Mass. App. Ct. 2004). “(Bacardi), did not become subject to the requirements of G. L. c. 138, § 25E, upon its purchase of certain brands of gin and scotch pursuant to a divestiture imposed by the Federal Trade Commission incident to a merger.”
New England Liquor Sales Co. v. Alcoholic Beverages Control Comm'n, 449 N.E.2d 1236 (Mass. App. Ct. 1983). · cites it 2× “New England also argues that the Commission improperly interpreted and applied G. L. c. 138, § 25E, in holding that Spectrum had a right to terminate New England under the statute and that the Superior Court erroneously upheld the Commission’s decision.”
Capital Distrib. Co. v. Heublein, Inc., 737 N.E.2d 498 (Mass. App. Ct. 2000). · cites it 2× “We consider whether the Alcoholic Beverages Control Commission (ABCC) ruled correctly that, under G. L. c. 138, § 25E, Heublein, Inc., 1 was required to sell certain alcoholic beverage products to Capital Distributing Company, *340 Inc.”
Show all 17 citing cases →
— Mass. Gen. Laws ch. 138, § 25E(c) — 1 case
Heineken U.S.A., Inc. v. Alcoholic Beverages Control Comm'n, 818 N.E.2d 191 (Mass. App. Ct. 2004). “We consider whether a supplier of alcoholic beverages may terminate sales to a wholesaler, who appears to have *568 gone out of business, without giving “notice of discontinuance of sale,” as provided by G. L. c. 138, § 25E. 2 After hearing, the Alcoholic Beverages Control…”
— Mass. Gen. Laws ch. 138, § 25E(e) — 1 case
Heineken U.S.A., Inc. v. Alcoholic Beverages Control Comm'n, 818 N.E.2d 191 (Mass. App. Ct. 2004). “We consider whether a supplier of alcoholic beverages may terminate sales to a wholesaler, who appears to have *568 gone out of business, without giving “notice of discontinuance of sale,” as provided by G. L. c. 138, § 25E. 2 After hearing, the Alcoholic Beverages Control…”
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