A three-attorney, Pasadena, California-based law firm has filed numerous 60-day notice letters since March 2013 to companies that make alcoholic beverages, warning that they have failed to comply with a section of the Safe Drinking Water and Toxic Enforcement Act of 1986 (Prop. 65) by selling without the required warnings (i) “alcoholic beverages, when associated with alcohol abuse,” (ii) “ethyl alcohol in alcoholic beverages,” and (iii) “ethanol in alcoholic beverages.” The letters, filed on behalf of John Bonilla, Rafael Delgado, Jesse Garrett, and Rachel Padilla, assert that the companies have sold their products in the state without first indicating to consumers under “Title 27, CCR § 25603(e)(1): ‘WARNING: Drinking Distilled Spirits, Beer, Coolers, Wine and Other Alcoholic Beverages May Increase Cancer Risk, and, During Pregnancy, Can Cause Birth Defects.’” According to a news source, four individuals have filed Prop. 65 violation lawsuits in the Los Angeles County Superior Court, alleging…
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The U.K. Advertising Standards Authority (ASA) has upheld two complaints alleging that Heineken UK Ltd.’s print and TV advertisements gave the impression that its Kronenbourg 1664 beer was brewed in France and made primarily from French hops, despite text disclaimers stating that the product was “Brewed in the UK.” According to the February 12, 2014, ruling, the ads in question touted Kronenbourg 1664 as a “French beer… brewed with the aromatic Strisselspalt hop” sourced from Alsace, France. Although Heineken noted in its response that “Kronenbourg 1664 was an inherently French beer… first brewed in 1952 in Alsace by Brasseries Kronenbourg,” ASA ultimately agreed with complainants that the print ad’s “degree of emphasis… on the connection with France would lead consumers to believe that the entire brewing and manufacturing process took place in that country,” while the TV ad’s focus on the Strisselspalt hop “implied that all, or a significant majority…
The U.S. Department of the Treasury’s Alcohol and Tobacco Tax and Trade Bureau (TTB) has issued a revised interim policy on gluten content statements permitted in wine, distilled spirits and malt beverage labeling and advertising. TTB took the action after reviewing the U.S. Food and Drug Administration’s (FDA’s) final rule on the use of “gluten-free” on labels for products within that agency’s jurisdiction with the goal of making its approach “as consistent as possible with the regulations that FDA issued.” Thus, TTB Ruling 2014-2 supersedes TTB Ruling 2012-2; it remains an interim ruling, however, until “FDA issues a final rule or other guidance with respect to fermented and hydrolyzed products.” Under TTB’s revised interim policy, “the term ‘gluten-free’ may be used on labels and in advertisements if the product would be entitled to make a gluten-free label claim under the standards set forth in the new FDA regulations at 21…
The Federal Aviation Authority (FAA) has reportedly nixed a brewery’s plan to use an unmanned aerial system (UAS) to deliver six-packs of its winter lager to ice-fishing shacks in Stevens Point, Wisconsin. According to media sources, Lakemaid Beer posted an online video advertising its drone delivery service, prompting FAA to notify the company that the scheme allegedly violates as many as five different regulations, “ranging from the operator’s rating to the use of airspace.” The agency apparently intends to issue regulations concerning the commercial use of drones in 2015, as larger companies like Amazon investigate the feasibility of UAS local delivery services. Although Lakemaid has started a petition on WhiteHouse.gov asking FAA to issue an airworthiness certificate for its beer drones, the agency has since reiterated its decision to ground the program. “The FAA’s prime directive is safety,” an FAA spokesperson told The Hill. “While we are evaluating many potential…
Wooden Nickel Music, which owns the copyright to the musical composition “Lady” and the sound recording embodying that composition by the group Styx, has filed an infringement action against Anheuser-Busch, LLC (AB) and a film company that purportedly created a video, currently on YouTube, including part of the recording. Wooden Nickel Music v. Anheuser-Busch, LLC, No. 13-8145 (C.D. Cal., filed November 4, 2013). The video, titled “Bud Light Commercial – The Elevator,” features a scheme in which young men cause an elevator with an attractive woman to stop between floors, so one of the men can share a beer and dance with the woman and, in the process, obtain a phone number. “Lady” is one of the songs played during the dance scene. According to the complaint, AB’s associate general counsel claims it has no record of the company “ever having seen the referenced work using Bud Light indicia” and…
For the second time in a month, attorneys with three Florida law firms have filed litigation on behalf of state consumers alleging that Anheuser-Busch Cos. (AB) sells a formerly imported beer “in a way that misleads consumers into believing that Kirin beer is still made in and imported from Japan, and accordingly sell[s] Kirin beer at prices substantially higher than those of domestic beer.” Suarez v. Anheuser Busch Cos., LLC, No. ___ (Fla. Cir. Ct., Miami-Dade Cty., filed October 25, 2013). Information about the Beck’s beer litigation, asserting virtually identical claims on behalf of a putative nationwide class against AB in federal court, appears in Issue 500 of this Update. Brought in the names of just two consumers, the Kirin beer litigation notes that external, six-pack, bottled beer packaging fails to state that the product “is brewed in the U.S.A. with domestic ingredients. In fact, the packaging for Kirin Beer…
A Florida resident has filed a complaint on behalf of a putative class against Anheuser-Busch Cos. (AB), claiming that since the company began producing Beck’s Beer in the United States in 2012, it has misled consumers into believing that the product is still imported from Germany where it was made with quality ingredients for more than 225 years. Marty v. Anheuser-Busch Cos., LLC, No. 13-23656 (S.D. Fla., filed October 9, 2013). According to the complaint, external packaging material does not indicate that the product is brewed in the United States with domestic ingredients, including Missouri River water. Rather, the external packaging for six- and 12-packs allegedly states that the product is “German Quality” beer “brewed under the German Purity Law of 1516” and that it “Originated in Bremen, Germany.” Individual bottles, however, state “in obscure white text on a silver background, ‘Product of USA—Brauerei Beck & Co.—St. Louis, MO.—12 FL. OZ.’”…
The Mexican brewer that makes Dos Equis® beer and has advertised it with a distinctive campaign since 2007 has brought a trademark and copyright infringement lawsuit against a New Jersey-based company and its president for an advertising campaign that allegedly mimics the brewer’s “Most Interesting Man in the World®” ads. Cervezas Cuauhtémoc Moctezuma, S.A. de C.V. v. KCI, Inc., No. 13-5044 (D.N.J., filed August 22, 2013). According to KCI’s LinkedIn page, the company offers storage area network (SAN) maintenance services. The complaint alleges that defendants have filed trademark applications for and use in a YouTube video the marks “The Most Interesting SAN Architect in the World” and “I Don’t Always Use Third Party Companies When I Buy and Maintain SAN Equipment But When I Do It’s Always Team KCI . . . Stay Convergent My Friend.” This compares with the brewer’s registered marks “The Most Interesting Man in the World” and…
A former non-exempt Anheuser-Busch brewery worker in California has filed a putative class action against the company alleging that it violated the state labor code by failing to include the value of free or discounted beer—termed “incentive pay”—in employees’ regular pay rates and thus undercompensated them by calculating overtime pay on the basis of pay rates that were too low. Controulis v. Anheuser-Busch, LLC, No. BC518518 (Cal. Super. Ct., Los Angeles Cty., filed August 16, 2013). The plaintiff also claims that the company failed to timely provide a final paycheck when employees were discharged or quit. According to the complaint, the plaintiff was terminated during the year preceding the complaint’s filing while he was on a leave of absence. Seeking to certify several classes of California employees, the plaintiff alleges failure to pay overtime wages, wage statement violations, waiting time penalties, unfair competition (that is, by underpaying its employees, the…
The U.K. Advertising Standards Authority (ASA) has upheld two complaints alleging that a recent advertisement for Heineken beer “condoned or encouraged the consumption of alcohol in a football stadium within sight of the pitch, which was an illegal activity,” and “condoned or encouraged people to take glass bottles into a football stadium, which was not permitted.” The TV commercial in question apparently featured a man traveling to the UEFA Champions League final game, where he and a woman were shown taking a seat in view of the field and “clinking the two bottles of Heineken together in a celebratory fashion.” Although Heineken UK Ltd. described the ad as a “light-hearted” and “tongue-in-cheek” fantasy, ASA ultimately agreed with complainants that the final scene implied that the main characters “were going to consume beer during the football match.” “We considered that the ad could give the impression to viewers that such behavior,…
