Millercoors Wins “Not From Australia” Lawsuit Over Claims That Foster’s Marketing Misleads Drinkers

Millercoors Wins “Not From Australia” Lawsuit

Over Foster’s

In one of latest wins for brewers against deceptive labeling lawsuits brought against domestically made beers over branding that arguably conveys they are imported. Millercoors has scored a win for its Foster’s brand against a putative class action looking to cash in against the company. The lawsuit alleged that several items created the impression that led the plaintiff to buy the beer thinking the brew he purchased in the U.S. was imported from Australia.

The court also noted in its opinion dismissing the claims that “© Oil can Breweries, Fort Worth, Tx” appears on the Foster’s website as well. Oddly, the court stated that this copyright statement on the website was “inarguably clear as to the brewing location.” Which is obviously isn’t. But the label statement approved by the TTB is. For those following this type of false advertising litigation, the court distinguished this case from the $20 Million Beck’s beer fiasco in Florida where a court refused to dismiss the suit because the brewery attributions that would show the beer wasn’t imported were on bottled inside packaging that failed to disclose the fact – thus leaving consumers without the ability to inspect those attribution statements on the store shelves.

Read full article and learn more about the FTC and Deceptive advertising here.

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Disclaimer: This article is provided for informational purposes only. It’s not legal advice, and no attorney-client relationship is created. Neither the author nor FTC Guardian, Inc. is endorsed by the Federal Trade Commission.