Craft Distillers Are Struggling; Why Not DtC?

Alex Koral
August 21, 2024

This blog was last updated on August 21, 2024

As craft distillers work to grow their business and market presence, they must contend with innumerable challenges, not least of which is simply being able to access consumers across the country due to restrictive state laws. To help relieve these headwinds, industry groups along with consumer advocacy organizations have taken to supporting efforts to expand distillery access to direct-to-consumer (DtC) shipping privileges. 

Any such efforts to grow the DtC shipping map, however, have been met with implacable opposition, which regularly trots out a parade of horribles that could (but never actually seem to) happen if DtC is permitted to exist. Recently, the Wine & Spirits Wholesalers of America (WSWA), an industry trade group representing some of the largest players in the beverage alcohol industry, has brought up a new talking point that simply does not seem to be grounded in logic. 

In its recent response to the American Craft Spirits Association (which supports greater DtC options), WSWA argues that DtC spirits shipping should not be expanded beyond the eight states where it is currently allowed because “data shows DTC sales in the wine and spirits sector have been declining year over year.” Seemingly, because DtC shipping won’t make every distillery a billion dollars, it’s not worth even trying?  

This argument, however, both grossly misrepresents the reality of the DtC market over the last decade and, if taken seriously, would undermine the value of any market that has faced a downturn, including the three-tier system itself. 

Faulty logic

A central flaw in the claim that declining sales means distillers shouldn’t be allowed to try to grow their DtC shipping options is that it’s a willful skewing of the data. Since it is likely that the latest Sovos ShipCompliant/WineBusiness Analytics Direct-to-Consumer Wine Shipping Report is the source of these claims, we look to it to correct the record. 

Now, it is true that the last two years have seen a decline in the DtC wine shipping market (we have found that the DtC spirits market is too limited due to restrictive state laws for there to be sufficient sales data to work from). In 2022 and 2023, the volume of wine shipped DtC dropped 10.3% and 6.5%, respectively; the value of the wine DtC market declined 1.6% in 2022 but was effectively even in 2023. Year-to-date data also show that the market is below 2023 numbers, though the busy holiday season is yet to come. 

So true, the channel has experienced decreases. But these are hardly disastrous numbers, and they must be put in context of the extreme growth the market saw in 2020 and 2021, where the value of wine shipments grew 14.9% and 13.4% respectively. Returning to normal after the pandemic years does not signal a worthless market. This is especially true when considering the past 10 years, wherein DtC wine shipments doubled in terms of volume and tripled in value to annual sales of $4 billion. 

While it is difficult to predict the future of any market, it is a near guarantee that if more states (perhaps New York soon?) were to grant distillers DtC shipping privileges, the DtC spirits shipping channel would grow in volume and value. Certainly, whenever a new state opened to DtC wine shipping, the effect was immediately noticeable in the market, such as in 2016 when the market grew in value by 18.5% after Pennsylvania began allowing DtC shipping of wine. 

Even if the DtC spirits shipping market is not as successful as the DtC wine shipping market (for one, there are many fewer distilleries out there than wineries, which would limit the market size), an extra billion or two dollars in annual sales is not something to sneeze at. And it is important to keep in mind that any growth in DtC spirits would be extra sales, as trends suggest that DtC sales have been largely additive to the overall wine market. 

Not a silver bullet, but certainly an option

Where the opposition to DtC shipping often falls flat is that it so often frames the alcohol market in black and white terms. If DtC is allowed to expand, it must do so at the expense of the three-tier system—and so any attempts to expand DtC availability must be completely rebuffed or else the three-tier system will collapse. This all-or-nothing mindset, however, leaves those opponents to adopt arguments that often fail the sniff test. 

This is unfortunate as the anti-DtC contingent is broadly alone in thinking that DtC shipping should (or even could) replace the existing system. Even those who do advocate for an end to the strict three-tier market don’t think that wholesalers should not (or, again, even could not) be part of the beverage alcohol market—they simply don’t think that wholesalers need to depend on restrictive state laws that force producers and retailers to use them. If wholesalers bring value to the brands they distribute, then they shouldn’t need the law to shore them up. 

Indeed, DtC shipping of alcohol can and should work hand-in-hand with the three-tier system. Numerous wineries have established and grown wholesale distributions based on their DtC sales. With their DtC sales data, those wineries were able to demonstrate to prospective wholesalers that they had an established market in a state and so should be carried in local liquor stores and restaurants.  

Yes, DtC shipping of alcohol can be difficult and expensive, and it is not a panacea that will make all producers rich. But it is an option; one that, with clear and effective laws, can be made safe, healthy and compliant; one that lets consumers access the thousands of small craft producers that are so often excluded from the three-tier system. 

Sign up for Email Updates

Stay up to date with the latest tax and compliance updates that may impact your business.

Author

Alex Koral

Alex Koral is Senior Regulatory Counsel for Sovos ShipCompliant in the company’s Boulder, Colorado office. He actively researches beverage alcohol regulations and market developments to inform development of Sovos’ ShipCompliant product and help educate the industry on compliance issues. Alex has been in the beverage alcohol arena since 2015, after receiving his J.D. from the University of Colorado Law School.
Share this post

North America
June 6, 2024
Observations and Predictions: The Future of Tax and Compliance

This blog was last updated on June 6, 2024 When I became the CEO of Sovos one year ago, I knew that I was stepping into an innovative company in an industry primed for a seismic transformation. However, even with this knowledge in place, I must admit that the speed and scope of change over […]

North America ShipCompliant
August 21, 2024
New Alaska DtC Rules Set to Take Effect

This blog was last updated on August 21, 2024 A new regulatory framework for direct-to-consumer (DtC) shipping of beverage alcohol in Alaska is set to take effect on Friday, August 23, 2024.   These new rules govern how in-state and out-of-state producers can ship their products to consumers in Alaska following the passage of SB 9 […]

North America ShipCompliant
August 21, 2024
New York Enacts DtC Shipping for Spirits and Ciders

Spirits, ciders and meads added to the list of products that are permitted to be shipped direct-to-consumer (DtC) in New York. 

North America Sales & Use Tax Tax Compliance
August 16, 2024
The Troubling Rise of the Retail Delivery Fee and its Impact on Sales Tax Compliance

Retail Delivery Fee impacts sales tax as fuel efficiency and electric vehicles reduce motor fuel tax revenue.

E-Invoicing Compliance EMEA VAT & Fiscal Reporting
August 9, 2024
Slovenia Proposes Mandatory B2B E-Invoicing and CTC E-Reporting

This blog was last updated on August 12, 2024 The Government of the Republic of Slovenia has released a draft proposal to implement mandatory e-invoicing and e-reporting for B2B and B2C transactions. This implementation would mark a significant shift in the country’s e-invoicing landscape. Should the proposal be approved, taxpayers will be subject to a […]

North America Sales & Use Tax
August 5, 2024
A Modern Approach to Indirect Tax Automation

This blog was last updated on August 5, 2024 Global companies and those with global aspirations face a critical decision when evaluating their indirect tax compliance requirements and processes. Do they think globally or locally? Do they understand that indirect tax automation is not a luxury but an imperative? Do they view their automation decisions […]