California Wine Company Must Face Claims It Misled Drinkers About Wine Production

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Napa Valley winemaker Copper Cane can’t shake a nationwide class action lawsuit claiming that it misleads consumers about where one of its pinot noirs is produced, a California federal judge has ruled.

On Wednesday, U.S. District Judge Richard Seeborg denied Copper Cane LLC’s motion to dismiss claims that it made customers believe its Elouan pinot noir wines are made in Oregon, when they’re actually bottled in California, Law360 reported.

Plaintiff Barry Kay alleges Copper Cane violated the California’s Unfair Competition Law, Consumers Legal Remedies Act, and False Advertising Law by making reference on the wine’s label to growing regions in Oregon.

On the company’s website, Copper Cane says the wine is made by “bringing together fruit from three distinct terrains along Oregon’s premiere Western vineyards.”

However, Kay argues that the wine is actually produced in California. He points out that Oregon has specific rules for the production of wine in the state based on its American Viticultural Area (AVA), along with other guidelines.

Under these rules and guidelines, wines labeled as from Oregon, specifically Elouan wine bottles, must be made mostly of grapes grown in Oregon, as well as fully finished in the Beaver State.

While Copper Cane made the case that the labels state clearly that Elouan is bottled in California, Judge Seeborg wrote that it was “too close to call” whether a consumer would understand that the wine was produced in California from seeing that reference on the back corner of the label. 

He said a wine’s origin is of special significance to wine drinkers, so it was up to a jury to decide whether the label was deceptive.

Kay bought bottles of the wine in 2018, and is looking to represent a nationwide Class of Elouan wine purchasers, plus a California Subclass.

A Louisiana plaintiff’s claims were thrown out because his claims aren’t covered under California state law, Law360 reported.

Have you purchased Copper Cane wine you thought was made in Oregon? Tell us what you think about this class action lawsuit in the comment section below.

The plaintiffs are represented by Todd David Carpenter and Edwin J. Kilpela of Carlson Lynch LLP, and Stephen B. Murray Sr. and Stephen B. Murray Jr. of the Murray Law Firm.

The Copper Cane Pinot Noir Class Action Lawsuit is Kay v. Copper Cane LLC, Case No. 3:20-cv-04068, in the U.S. District Court for the Northern District of California.

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