Judge Orders Beck’s False Ad. Class Action to Mediation

A Florida federal judge is sending Anheuser-Busch Cos. LLC to mediation after the beer maker was unable to reach a settlement with plaintiffs who filed a class action lawsuit alleging the company deceived customers by making them think that its Beck’s beer is made in Germany.

Anheuser-Busch and the plaintiffs in the class action lawsuit now have until June 18 to complete mediation, according to the order written by U.S. District Judge John J. Sullivan.

“We’re optimistic about the case and we look forward to a great resolution for the class,” Attorney Tucker Ronzetti, representing the plaintiffs, told Law360.

The Beck’s class action lawsuit was filed by consumers from California, Florida and New York, alleging that they bought Beck’s believing that it was brewed in Germany due to claims on the bottles or packaging. Beck’s was made in Germany until 2012.

The plaintiffs said in their second class action lawsuit that where Beck’s was made was “special” to Beck’s drinkers and was behind why they trusted the brand.

According to the Beck’s false advertising class action lawsuit, even though the beer has been made in the United States since 2012, the packaging was not changed much to reflect this fact.

The statements, which the plaintiffs claim were deceiving included “Originated in Germany,” made with “German Quality,” and “Brewed Under the German Purity Law of 1516.”

In a motion to dismiss the class action lawsuit filed in April 2014, Anheuser-Busch said that “Product of USA” was written on both the bottle or can and on the packaging the bottles came in.

However, Judge Sullivan said that the “Product of USA” statements were too small or obscure to read, and that it is unreasonable to think that a customer is going to see the statement.

The Florida federal judge also said that it’s questionable whether or not Beck’s was in fact made “under the German Purity Law of 1516.”

Anheuser-Busch had argued that statements, such as saying the beer was made with “German Quality,” were mere puffery, but Judge Sullivan said that the company’s argument would stand, if it weren’t for the other statements at issue in the Beck’s class action lawsuit. When taken as a whole, he argued, it is reasonable to think that packaging could make someone think the beer was brewed in Germany.

For these reasons, the Beck’s false advertising class action lawsuit survived dismissal in September 2014.  

Anheuser-Busch was hit with a similar class action lawsuit over the beer Kirin, in which plaintiffs claimed that they believed that the beer was made in Japan, not California and Virginia, where it is actually made.

A class action settlement was reached with Anheuser-Busch over Kirin in December 2014, in which customers may receive up to $50.

The plaintiffs are represented by Lance A. Harke and Howard Mitchell Bushman of Harke Clasby & Bushman LLP and Thomas A. Tucker Ronzetti, David R. Matz and Adam M. Moskowitz of Kozyak Tropin & Throckmorton PA.

Anheuser-Busch is represented by Edward M. Crane, Brandon R. Keel and David R. Pehlke of Skadden Arps Slate Meagher & Flom LLP and by Stanley H. Wakshlag of Kenny Nachwalter PA.

The Beck’s False Advertising Class Action Lawsuit is Marty et al. v. Anheuser-Busch Cos. LLC, Case No. 1:13-cv-23656, in the U.S. District Court for the Southern District of Florida.

UPDATE: Instructions on how to file a claim for the Beck’s beer class action settlement are now available! Click here or visit www.BecksBeerSettlement.com for details.

UPDATE 2: The Beck’s beer class action settlement was granted final approval on Oct. 20, 2015.

UPDATE 3: On Apr. 20, 2016, the Beck’s Beer Class Action Settlement is currently under appeal.  Claims will not be paid until all appeals are exhausted.  We appreciate your ongoing  patience. Top Class Actions will continue to provide updates as we learn more.  Keep checking back and let us know when you receive a check in the comments section below or on our  Facebook page.

UPDATE 4: On Apr. 27, 2016, a viewer reported receiving the following message from the Settlement Administrator: “The appeals process has recently been resolved. We do not have an estimated distribution date, but we are prepping for a Class Distribution within the next month or so.”  Top Class Actions will continue to provide updates as we learn more.  Keep checking back and let us know when you receive a check in the comments section below or on our Facebook page.

UPDATE 5: On July 2, 2016, Top Class Actions readers who filed a claim for the Beck’s beer class action settlement started receiving checks worth as much as $12.