Kona Beer Hawaiian Origin Class Action Settlement Reached

UPDATE 2: On Oct. 3, 2020, Top Class Actions viewers started to receive $10 checks in the mail from the Kona beer class action settlement. Congratulations to everyone who filed a claim and got PAID!

UPDATE: July 2019, the Kona Beer class action settlement is now open. Click here to file a claim. 

A recently proposed settlement is set to resolve claims that Kona Beers are deceptively marketed as being made in Hawaii when they are actually brewed in the continental United States.

“After over two years of hard-fought litigation, Plaintiffs are pleased to present this Settlement to the Court for preliminary approval,” the Kona Beer class action settlement notice states.

The Kona class action settlement will benefit all consumers who purchased 4-packs, 6-packs, 12-packs, or 24-packs of Kona Beers.

This includes numerous flavors and variety packs, including: Longboard Island Lager, Hanalei IPA, Castaway IPA, Big Wave Golden Ale, Lemongrass Luau, Wailua Wheat, Fire Rock Pale Ale, Pipeline Porter, Lavaman Red Ale, Koko Brown Ale, Kua Bay IPA, Gold Cliff IPA, Kanaha Blonde Ale, Liquid Aloha Variety Pack, Island Hopper Variety Pack, Happy Mahalo Variety Pack, and Wave Rider Tandem Pack.

Settlement Class Members who file a valid claim will be able to collect $1.25 for each 4-pack and 6-pack of Kona Beers, $2 for each 12-pack of Kona Beers, and $2.75 for each 24-pack of Kona Beers. A single household can collect up to $20 with proof of purchase and up to $10 without proof of purchase.

The proposed claims deadline for the settlement is Oct. 7, 2019 with the final approval hearing scheduled for Dec. 5, 2019.

Plaintiffs Theodore Broomfield and Simone Zimmer filed their consolidated class action lawsuit against Kona Brewing Company in April 2017, claiming that the company knowingly marketed their beers with false statements.

In December 2017, the plaintiffs amended their complaint to include claims for violations of California’s Consumer Legal Remedies Act (CLRA), California’s Unfair Competition Law, and California’s False Advertising law, in addition to claims for common law fraud, intentional misrepresentation, negligent misrepresentation, and unjust enrichment.

In September 2018, plaintiffs secured Class certification in the class action lawsuit although this was appealed later by the defendants. The Ninth’s Circuit Court of Appeals denied the appeal and the suit was allowed to move forward.

In January 2019, plaintiffs and defendants reportedly engaged in a full day of mediation. Although this session did not end in a settlement, the next meeting in March 2019 saw a resolution between the parties.

There is no cap on the number of claims that the defendants must pay as a part of the settlement. However, the defendants to have the right to “terminate” the settlement if they receive more than 1 million claims – regardless of the monetary value of these claims.

Class Counsel reportedly believes that this is unlikely to happen and that the submission of more than 1 million claims may suggest fraud.

Top Class Actions will post updates to this class action settlement as they become available. For the latest updates, keep checking TopClassActions.com or sign up for our free newsletter. You can also receive notifications when this article is updated by using your free Top Class Actions account and clicking the “Follow Article” button at the top of the post.

Plaintiffs and the proposed Class are represented by Benjamin Heikali, Joshua Nassir, and Timothy J. Peter of Faruqi & Faruqi LLP, and Aubry Wand of The Wand Law Firm PC.

The Kona Beers Class Action Lawsuit is Broomfield, et al. v. Craft Brew Alliance Inc., et al., Case No. 5:17-cv-01027-BLF, in the U.S. District Court for the Northern District of California.

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