AB-62 – Final Court Decision on Price Posting and Discounts
What businesses need to know after the final court decision on alcohol pricing laws
A federal court decision regarding Maryland’s alcohol pricing laws is now final. The court ruled that price posting requirements and the ban on quantity discounts are not enforceable. This page explains what is allowed and how to remain compliant under current law.
What you need to know
- Price posting requirements are not in effect
- Quantity discounts are allowed
- Discounts must be applied fairly and consistently
- Additional regulations may be developed in the future
Who This Applies To
This guidance applies to:
- Manufacturers
- Wholesalers
- County dispensaries
Selling wine and distilled spirits in Maryland
Final Court Decision
The U.S. Court of Appeals upheld the lower court’s ruling that:
- The price posting (post-and-hold) system is not enforceable
- The prohibition on quantity discounts is not enforceable
This decision is now final.
What Is Allowed
Businesses may:
- Offer quantity discounts on wine and distilled spirits
Conditions for Discounts
Even though discounts are allowed, they must be:
- Offered on a uniform basis
- Applied without discrimination
This means:
- All similarly situated customers must be treated equally
What This Means for Businesses
Businesses should:
- Review pricing and discount practices
- Ensure all discounts are applied consistently
- Avoid offering different terms to similar customers
Future Regulations
The State is:
- Reviewing federal law and other state regulations
- Considering whether new rules are needed
Any proposed regulations will:
- Be published publicly
- Include a 30-day comment period
Important Notes
- This reflects the final outcome of the court case
- Previous restrictions on discounts are no longer in effect
- Compliance now focuses on non-discriminatory pricing practices
Need Help?
For questions about pricing rules, contact the ATCC: 410-260-7314 ext. 2 or [email protected]