A Washington winemaker is countersuing a Colorado winery that has accused it of unsanitary wine practices, arguing those are “pretextual” allegations meant to justify a contract breach.  

In its countersuit, Alexandria Nicole Cellars of Prosser, Wash., claims that Carboy Winery of Littleton, Colo., has raised “supposed quality concerns” to renege on bulk wine and grape supply agreements that it no longer considers “economically advantageous.”  

“Upon information and belief, Carboy Winery wanted to reduce its commitments due to problems it was experiencing with oversupply, insufficient storage capacity, and a market-wide decline in demand for bulk wine,” according to Alexandria Nicole Cellars.

Late last year, Carboy Winery filed a federal lawsuit alleging that Alexandria Nicole Cellars had begun to produce “polluted wine” due to unsanitary conditions at its production facility, which the plaintiff claimed was “teeming with insects and signs of vermin as well as backed up sewage,” among other allegations.  

Response 

In its recent answer to that complaint, Alexandria Nicole Cellars has denied those allegations point-by-point, including claims that it tried to conceal “operational dysfunction” and “material flaws in the wine” produced for Carboy Winery.  

Alexandria Nicole Cellars argues that Carboy Winery had access to “wine chemistry data” directly from a third-party laboratory, as it never “materially delayed” providing its client with “wine samples, updates or production information” as required by contract.

Regarding unsanitary practices, Alexandria Nicole Cellars said that dead animals were not pressed into wine, as any such contaminants would be removed during routine screening procedures before the grapes were processed.  “As is the case with any agricultural commodity, when wine grapes are harvested and placed into bins, small animals can end up in the bins,” according to Alexandria Nicole Cellars.  

Alexandria Nicole Cellars said it lacked knowledge of where photos of dead animals included in Carboy Winery’s complaint were taken, but denied they represent “true and accurate depictions” of conditions at its facility or that “the images show any deviation from industry standards.”

Read more…