Red Stripe® Misrepresented as Jamaican Beer, Projected Class Action Alleges

Two consumers have filed a lawsuit against Diageo PLC alleging that
Red Stripe® is falsely marketed as Jamaican because it has been brewed
and bottled in Latrobe, Pennsylvania, since 2012. Dumas v. Diageo
PLC, No. 15-1681 (S.D. Cal., filed July 29, 2015). Red Stripe® packaging
“boldly states that it is a ‘Jamaican Style Lager’ that contains ‘The
Taste of Jamaica,’” and displays the logo of the Jamaican brewery that
previously made it, the complaint asserts. “The only clue that Red Stripe
is no longer a Jamaican beer is that on the border of the new labels, in
obscure white text, the bottle says: ‘Brewed & Bottled by Red Stripe Beer
Company Latrobe, PA.’” The plaintiffs argue that the text cannot be seen
on packages of 12 bottles of Red Stripe® and is only visible on packages
of six if a single bottle is removed and examined. Consumers pay higher
prices for imported beer and believe it to be of a higher quality, the
complaint argues, so the alleged false misrepresentation resulted in
unjust enrichment. The plaintiffs seek class certification, an injunction,
damages and costs.

Issue 574