Antitrust Law Daily Wrap Up, ADVERTISING—S.D. Fla.: Anheuser-Busch to mediate “German” beer misrepresentation claims, (May 1, 2015)

By Greg Hammond, J.D.

Beck’s beer drinkers and American brewing company Anheuser-Busch Companies, LLC (AB) have been ordered by the federal district court in Miami to mediate consumers’ claims that AB misrepresented Beck’s as a “German” beer, imported from Germany, and brewed using German requirements, when Beck’s is actually brewed in St. Louis, Missouri (Marty v. Anheuser-Busch Companies, LLC, April 30, 2015, O’Sullivan, J.).

Consumers from Florida, New York, and California allegedly purchased Beck’s in “reliance on representations contained on [the] packaging and Beck’s history of being an imported beer from Germany.” Specifically, the consumers alleged that AB made numerous misrepresentations about Beck’s that caused confusion, as they believed they were purchasing “German beer, imported from Germany, brewed using German requirements and with German ingredients, when in fact, they [we]re purchasing beer brewed in St. Louis, Missouri…with ingredients from the United States.” Accordingly, Beck’s drinkers asserted that they purchased beer that had less value than what they paid, and have therefore suffered legally cognizable damages proximately caused by AB’s misconduct.

The consumers brought claims under the Florida Deceptive and Unfair Trade Practices Act, the New York General Business Law, California’s Unfair Competition Law, and California’s Consumer Legal Remedies Act.

The parties have been ordered to complete mediation no later than Thursday, June 18, 2015.

The case number is 13-23656-Civ-O’Sullivan.

Attorneys: John Campbell (Campbell Law, LLC) for Francisco Rene Marty. Brandon R. Keel (Skadden, Arps, Slate, Meagher & Flom, LLP) for Anheuser-Busch Companies, LLC.

Companies: Anheuser-Busch Companies, LLC

Cases: Advertising StateUnfairTradePractices FloridaNews