The United States Court for the Northern District of California has dismissed most of the complaints brought against The 21st Amendment Brewery Café. The decision came on January 17, 2018, in Peacock v. The 21st Amendment Brewery Café, LLC., N.D. Cal. No. 17-CV-01918-JST (Jan. 17, 2018).
The plaintiff Peacock alleges that the brewery’s labeling and marketing are false and deceptive. Similar cases have been brought against beer brands such as Asahi, Beck’s, Foster’s, Guinness, Kirin, Kona, Sapporo, and Red Stripe. Peacock is seeking a monetary award and injunctive relief on behalf of himself and supposedly a class of affected consumers.
Though much the plaintiff’s complaints were rejected, one was allowed to continue and another allowed to be amended.
21st Amendment Brewery was founded in San Francisco back in 2000 but today also produces some of its beer in Minnesota. All of its packaging, including those beers brewed in Minnesota, read “Brewed & Canned by 21st Amendment Brewery, San Leandro, CA”. On its cartons is a map of the Bay Area with an “X” indicating the location of the brewery.
The plaintiff alleges that he paid more for 21st Amendment’s beer because he believed all of their beers were brewed in the San Francisco area. And it’s this particular complaint that was allowed to continue.
Unfortunately for 21st Amendment they now face the difficult decision of whether to settle or continue with costly litigation. And should they choose to settle, this could signal to others that there’s money to be made with these frivolous lawsuits.
For more information regarding this ruling, read this posting at the National Law Review.