News & Analysis as of

False Advertising Beer

Alston & Bird

Failed Motion to Dismiss in Hard Seltzers Case Offers Hard Lessons for Beverage Company

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A chaser to lessen the burn from a failed dismissal bid in an alcohol false labeling putative class action: our Food & Beverage Team distills its lessons and what it says about how courts may be shifting their view of...more

Proskauer - Advertising Law

Seventh Circuit Cans District Court Injunction in Beer Brands Corn Syrup Suit

Last month, the Seventh Circuit reversed a district court’s decision preliminarily enjoining Anheuser-Busch from making various advertising claims related to the absence of corn syrup in Bud Light, including that Bud Light...more

McDermott Will & Emery

Light Beer Sweetener – Not So Sticky After All

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The US Court of Appeals for the Seventh Circuit held that a brewing company’s statements that a competitor’s beers were made with corn syrup were not false and misleading under the Lanham Act because the competitor listed...more

ArentFox Schiff

A Case of Beer: Seventh Circuit Decides Ad Dispute Between Anheuser-Busch and Molson Coors

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The Seventh Circuit recently resolved a false advertising lawsuit involving beer giants Anheuser-Busch, the maker of Bud Light, and Molson Coors, which makes Miller Light and Coors Light. At the center of the dispute – one of...more

Proskauer - Advertising Law

Seventh Circuit Remands after District Judge Makes Injunction Stickier in Light Beer Corn Syrup Dispute

The Seventh Circuit has remanded a lawsuit concerning beer advertising to the district court for failure to follow required procedures in issuing a preliminary injunction – the latest development in the case’s torturous...more

Orrick - Trade Secrets Group

From Corn-Gate to You-Stole-My-Trade-Secrets-Gate (Maybe): Defendant Beer Maker Moves to Add a Counterclaim for Trade Secrets...

MillerCoors (beer maker of Coors Light and Miller Lite) and Anheuser-Busch (“AB”) (competing beer maker of Bud Light) have been embroiled in a contentious federal district court litigation in the W.D. of Wisconsin since March...more

King & Spalding

False Advertising Claims in the U.S. – Even “Corny” Disputes Are No Laughing Matter

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A significant percentage of a company’s total budget may be spent on advertising and promotion. Commercials, social media campaigns, contests, billboards, print ads, and point-of-sale displays all take time to design,...more

Snell & Wilmer

The Truth Is in the Syrup: Bud Light Ordered to Remove ‘No Corn Syrup’ from Packaging in False Advertising Battle

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The U.S. District Court, District of Wisconsin, recently ordered Anheuser-Busch to stop using the label “No Corn Syrup” on its packaging, the latest ruling in a false advertising battle filed over Anheuser-Busch’s attack ads...more

Manatt, Phelps & Phillips, LLP

Beer Brand Battle Continues With Preliminary Injunction

A federal court judge has weighed in on the battle dubbed “Corngate” between Bud Light and competitors Miller Lite and Coors Light, denying Anheuser-Busch InBev’s motion to dismiss MillerCoors’ false advertising lawsuit....more

Sunstein LLP

May 2019 IP Update: Brewing Up a Controversy: Super Bowl Ad Provokes Clash Between Two Beer Industry Juggernauts

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On March 21, MillerCoors—the maker of Miller Light and Coors Light— filed a complaint in federal court in Milwaukee for false advertising and trademark dilution against rival brewer Anheuser-Busch—the maker of Bud Light....more

Jackson Walker

A King, a Knight, and a Wizard Walk Into the Bar: A Tale of False Advertising Under the Lanham Act

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“During Super Bowl LIII, defendant Anheuser-Busch Companies, LLC, launched an advertising campaign highlighting plaintiff MillerCoors, LLC’s use of corn syrup in brewing Miller Lite and Coors Light. . . .” MillerCoors, LLC v....more

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation Update l May 2019

Silverman Speaks to Congressional Staff About Food Litigation Trends - Shook Partner Cary Silverman was an invited panelist at The George Mason University Antonin Scalia Law School’s Law and Economics Center’s...more

Lowndes

Beer Giants Battle Over Comparative Advertisements

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Recently, MillerCoors, LLC filed a lawsuit against Anheuser-Busch Companies, LLC for false advertising on one of the world’s largest stages, Super Bowl LIII....more

Manatt, Phelps & Phillips, LLP

Beer Brands Battle Over Corn Syrup

In a not-so-surprising move in the escalating war between beer brands, MillerCoors has filed a false advertising suit against Anheuser-Busch accusing the company of spending tens of millions of dollars on an “extensive and...more

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation Update l March 2019 #4

LEGISLATION, REGULATIONS & STANDARDS - Medical Groups Call for SSB Taxes- The American Academy of Pediatrics and the American Heart Association have issued a policy statement calling for taxes on sugar-sweetened...more

Manatt, Phelps & Phillips, LLP

Parties Brew Settlement in False Ad Suit Over Beer’s Location

To resolve allegations that Asahi Beer deceptively marketed its beverages as being brewed in Japan—when in reality the beer was made in Canada—the company agreed to pay up to $10 per class member in a settlement agreement....more

Holland & Knight LLP

Food and Beverage Law Update: September 2018

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Labor and Employment - Jimmy John's Avoids Joint-Employer Finding in Worker Overtime Litigation - In In re: Jimmy John's Overtime Litigation, 2018 WL 3231273 (N.D. Ill. June 14, 2018), a federal district court ruled that...more

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation Update | June 2018 #3

Proposal Would Move Food Regulation to USDA - As part of a proposal to reorganize several federal agencies, the Trump administration has recommended that food-safety regulatory oversight be shifted to the U.S. Department...more

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation Update | April 2018

In a speech at the National Food Policy Conference in Washington, D.C., U.S. Food and Drug Administration (FDA) Commissioner Scott Gottlieb reportedly summarized the agency’s plans, including (i) defining “healthy” for use...more

Perkins Coie

Rulings, Orders, Settlements – January 30, 2018

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Parties Settle Kombucha False Advertising Action - Retta, et al. v. Millennium Products, Inc., No. 2:15-cv-01801 (C.D. Cal.): The Ninth Circuit entered an order granting Objector-Appellant’s motion for voluntary dismissal...more

McDermott Will & Emery

Ruling in the Asahi Beer Class Action

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Last month the US District Court for the Central District of California issued an order in the Shalikar v. Asahi Beer U.S.A., Inc. false advertising class action case. Like many similar cases, Shalikar alleges that the...more

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation Update | October 2017 #3

FDA Warns Snyder’s-Lance About Iron Content Labels - The U.S. Food and Drug Administration (FDA) has sent a warning letter to Snyder’s-Lance, Inc. about the iron content of its Lance Toast Chee Crackers. The letter...more

McDermott Will & Emery

Latest Decision in Kona Beer Branding False Advertising Case

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The US District Court for the Northern District of California’s recent opinion in Broomfield v. Craft Brew Alliance, Inc., No. 17-cv-01027-BLF (Sept. 1, 2017) represents the latest decision in the now long-line of false...more

Carlton Fields

Food for Thought: A Review of 2016 Litigation

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Food for Thought is a review of significant court decisions affecting the food, beverage, dietary supplements and personal care products industry. Although many cases in this edition focus on class certification, others...more

Troutman Pepper

Location, Location, Location: Fraud Suit Filed Against Anheuser-Busch Over 'Abbey' Beer

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As anyone in real estate will tell you, location matters. Apparently, location also matters when it comes to selecting a beer. Recently, a purchaser of Leffe Beers brought a class action lawsuit in Florida federal court...more

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