Tag: alcohol
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Federal Court Approves Beck’s® False Advertising Settlement
A Florida federal court has given final approval to the settlement agreement in a lawsuit alleging Anheuser-Busch falsely advertised its Beck’s® beer as imported even though it was manufactured in St. Louis, Mo. Marty v. Anheuser-Busch Cos., LLC, No. 13-23656 (S.D. Fla., approval entered October 20, 2015). Under the agreement, Anheuser-Busch will offer refunds in several…
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Study Targets Arsenic Levels in U.S. Wine
A University of Washington study has allegedly found that many red wines produced in California, Washington, New York and Oregon contain arsenic levels exceeding the U.S. Environmental Protection Agency (EPA’s) limit for drinking water of 10 parts per billion (ppb). Denise Wilson, “Arsenic Content in American Wine,” Journal of Environmental Health, October 2015. Authored by…
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ASA Rules on Distillery and Bread Advertisements
The U.K. Advertising Standards Authority (ASA) has released a trio of decisions upholding complaints against two distilleries and a bread company over allegedly misleading advertisements. Ruling against Summerhall Distillery Ltd. in a complaint filed by a rival company, ASA took issue with advertisements for “hand crafted” Pickering’s Gin that touted Summerhall as Edinburgh’s first gin distillery…
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Whiskey Maker Settles False Source Claims
Proximo Spirits, Inc. has settled a class action alleging it deceptively marketed Tincup Whiskey® as manufactured entirely in Colorado despite part of its production occurring in Indiana. Aliano v. Proximo Spirits, Inc., No. 14-17429 (Ill. Cir. Ct., Cook Cty., preliminary approval entered September 16, 2015). Proximo has agreed to establish a $425,000 settlement fund to…
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“Fire Flask” Trademark Dispute Settled
Sazerac Co., maker of Fireball Cinnamon Whisky®, and Stout Brewing Co. have filed a joint stipulation of dismissal with prejudice in a lawsuit alleging that Stout infringed Sazerac’s trademark by selling a malt specialty beer called “Fire Flask.” Sazerac Co. Inc. v. Stout Brewing Co. LLC, No. 15-0107 (W.D. Ky., stipulation filed September 24, 2015).…
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Most Claims Dismissed in “Handmade” Lawsuit Against Vodka Maker
A Florida federal court has dismissed five putative class action claims, allowing one to continue, against Fifth Generation Inc. in a lawsuit alleging Tito’s® Handmade Vodka is not actually made by hand in “an old fashioned pot still” and thus is deceptively marketed. Pye v. Fifth Generation Inc., No. 14-0493 (N.D. Fla., order entered September…
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FDA Issues Final Rule on Mica-Based Pearlescent Pigments in Distilled Spirits
The U.S. Food and Drug Administration (FDA) has issued a final rule allowing “the safe use of mica-based pearlescent pigments prepared from titanium dioxide and mica as color additives in certain distilled spirits.” Mica-based pearlescent pigments are currently approved as color additives in many foods and beverages, including distilled spirits containing “not less than 18…
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Alcohol Company Challenges Malibu Rum Version of “Dark ‘N Stormy”
Gosling Brothers Ltd. has filed a complaint against Pernod Ricard USA, maker of Malibu Island Spiced Rum®, alleging that a recipe on the Malibu website violates Gosling’s “Dark ‘N Stormy” trademarks. Gosling Bros. Ltd. v. Pernod Ricard USA, No. 15-13360 (D. Mass., filed September 15, 2015). Gosling holds five trademarks for “Dark ‘N Stormy” in…