Sixth Circuit Affirms Dismissal of Anheuser-Busch Alcohol Content MDL

The U.S. Court of Appeals for the Sixth Circuit has affirmed an Ohio
court’s dismissal of multidistrict litigation alleging Anheuser-Busch
intentionally overstates the alcohol content on its malt beverages. In re
Anheuser-Busch Beer Labeling Mktg. & Sales Prac. Litig., No. 14-3653
(6th Cir., order entered March 22, 2016). The lower court had dismissed
the case based on a Federal Alcohol Administration Act (FAAA) rule
allowing content variations of up to 0.3 percent under state and federal
law, and the appeals court reached the same conclusion in its de novo
review. On appeal, the plaintiffs argued the FAAA rule was intended to
apply only to unintentional variance, but the court disagreed, finding no
evidence that the law sought to prohibit intentional variations within the
0.3 percent tolerance.

Issue 599