October 2023

From the Office of M. Caitlin S. Anderson

Liquor Control Division Director

Department Issued Guidance Statement Regarding Product Returns from Retailers to Manufacturers, Shippers, and Wholesalers

The Department of Consumer Protection (“Department”) issued a guidance statement on October 6, 2023, addressing when a retailer is allowed to return an alcoholic beverage product to a manufacturer, shipper, or wholesaler.  Generally, returns are prohibited except under specific circumstances and must usually be approved by the Department for “good cause.”

The Department will begin using the below criteria to evaluate whether returns should be allowed for good cause effective January 1, 2024:

• The item is damaged, contaminated, or tainted at the time of delivery and noted to the wholesaler at the time of delivery;
• Any return requested within five days of delivery;
• Customer order error within two weeks of delivery;
• Warehouse mis-pick, incorrect vintage, or salesman error within two weeks of delivery;
• Breakage, corkage leak, or damaged labels within one month of delivery;
• Product out-of-code/expired within three months of delivery;
• Manufacturer recall regardless of date of delivery;
• Termination of business or closure of seasonable business within one month of closure; and
• Other situations where the retailer can demonstrate an ordinary and usual commercial reason for the return.

All return requests submitted to the Department for approval on or after January 1, 2024 should comply with the above parameters, or the request will be denied. Note that the request must only be made to the Department within the timeframes listed above; once approved, the wholesaler may retrieve the return at any point. The Department notes, however, that returns are always at the discretion of the wholesaler.  A wholesaler may refuse a return, even if it falls within one of the categories outlined above.

To review the Guidance Statement in its entirety, please visit Liquor Control’s latest news website, which can be found at https://portal.ct.gov/DCP/Agency-Administration/Division-Home-Pages/Liquor-Control-Division.  Questions should be directed to DCP.LiquorControl@ct.gov.

The Department of Consumer Protection, through the State Liquor Control Commission, oversees all sales of liquor in the State of Connecticut.  450 Columbus Boulevard, Suite 901, Hartford, CT, 06103. Visit the Liquor Control Division website www.ct.gov/dcp.