Tag: alcohol
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ASA Dismisses Complaint Against Baileys™ Christmas Ad
The U.K. Advertising Standards Authority (ASA) has dismissed a complaint alleging that Diageo Great Britain Ltd.’s holiday commercials for Baileys™ liqueur “implied that the success of a social occasion depended on the presence or consumption of alcohol.” Despite Alcohol Concern’s claim that the tagline “IT’S NOT CHRISTMAS WITHOUT YOU… BAILEYS” was “irresponsible,” the agency agreed…
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Photographer Sues Artist Jeff Koons for Infringement of Gin Ad
Photographer Mitchel Gray has reportedly filed a lawsuit against Jeff Koons alleging that one of the artist’s works infringes on Gray’s copyright to a photo used in a Gordon’s® gin advertisement in 1986. The ad portrays a photo of a woman painting on the beach and a man seated next to her, a photo of…
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Seventh Circuit Upholds Indiana Cold-Beer Sales Ban
The Seventh Circuit Court of Appeals has upheld an Indiana law restricting the sale of cold packaged beer in convenience stores, pharmacies and groceries in incorporated towns, finding that the statute survives a rational-basis analysis. Petroleum Mktrs. & Convenience Stores Assoc v. Cook, No. 14-2559 (7th Cir., order entered December 14, 2014). The court found…
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Clean Air Act Rehearing Request Denied in Whiskey Fungus Suit
The Sixth Circuit Court of Appeals has denied a request for an en banc rehearing in a lawsuit alleging that the distilleries of two Diageo Americas Supply Inc. brands, J&B® and Johnnie Walker®, caused the growth of a black fungus on outdoor surfaces near the plants. Merrick v. Diageo Ams. Supply Inc., No. 14-6198 (6th…
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Proposed Class Action Challenges Whole Foods Kombucha
Two consumers have filed a putative class action alleging that two lines of kombucha manufactured by Millennium Products and sold by Whole Foods Market contain several defects, including levels of alcohol higher than the label represents and packaging inadequate to properly accommodate the product’s secondary fermentation. Pedro v. Millennium Prods., Inc., No. 15-5253 (N.D. Cal.,…
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Ohio Federal Court Dismisses Several Claims in Tito’s “Handmade” Suit
An Ohio federal court has dismissed fraud and consumer-protection claims against Fifth Dimension, maker of Tito’s Handmade Vodka®, in a putative class action alleging the beverage company misrepresents the process of making its vodka by calling the product “handmade.” Terlesky v. Fifth Dimension, No. 15-0374 (S.D. Ohio, order entered November 17, 2015). The court analyzed…
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Jim Beam Files Opposition to “Double Oaked” Trademark Application
Jim Beam Brands Co. has filed a notice of opposition against an application filed by Brown-Forman Corp., maker of Jack Daniels®, to trademark Woodford Reserve Double Oaked, a bourbon product aged in two charred-oak barrels. Jim Beam Brands Co. v. Brown-Forman Corp., Serial No. 86/450,636 (T.T.A.B., notice of opposition filed October 19, 2015). Jim Beam…
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Jury Awards $240,000 to Muslim Workers Fired for Refusal to Transport Beer
A jury has awarded two Muslim men $240,000 after they were fired from Star Transport Inc. for refusing to transport beer because of their religious beliefs. EEOC v. Star Transport Inc., No. 13-1240 (C.D. Ill., jury verdict submitted October 21, 2015). Each man will receive $20,000 for mental or emotional pain and $100,000 in punitive…