Objections to Beck’s Beer Settlement Should Be Overruled, Attorneys Argue

Last week, attorneys representing Class Members in the Beck’s beer class action settlement filed a motion opposing objections to the proposed settlement in the action that accuses Anheuser-Busch Cos. LLC of deceptively marketing Beck’s beer as a German Import when it is actually brewed in the United States.

Under the terms of the Beck’s beer class action settlement, no cap was placed on the amount Anheuser-Busch would have to pay to settle the class action lawsuit. If approved, Class Members would receive a partial refund for the amount they spent on the beer including $12 per household without receipts and $50 per household with receipts.

However, two objections were filed to the parties’ uncapped settlement claiming Class Members’ recovery amount is too small under the terms of the settlement. The Class Members fought back, claiming the objectors are stalling the class action settlement to hedge bets for more money.

The two objectors had also said the Class Counsel’s $3.5 million fee award under the settlement was too large. Last week, the plaintiffs contended otherwise: “The objectors are making the bald assertion that the settlement could have been better,” the Class Counsel said in their filing. “They have failed to analyze the claims, the range of possible recoveries, and the obstacles and risks involved. Such an objection establishes nothing.”

The Class Members’ attorneys argued that both the $12 and $50 caps are reasonable because they strike a balance between obtaining compensation for Class Members and protecting Anheuser-Busch LLC from fraudulent claims.

Regarding the objections to the Class Counsel’s fee award, they contend that the settlement will provide anywhere from $20 million to nearly $29 million in financial compensation to Class Members, and said that basing the award on a percentage of that recovery has been used in numerous other settlement agreements.

Additionally, as a part of the settlement agreement, Anheuser-Busch agrees to alter the labels for Beck’s to make the beer’s origins clear to a reasonable consumer. The attorneys for the Class argue that this label change was a key goal of the initial false advertising class action lawsuit.

“The two objectors’ apparent attempts to blackmail a settlement have no support under the law in the Eleventh Circuit, and range from reckless contention to outright falsehood,” the Class Counsel said in the court filing. “The court should accordingly both overrule the two objections, find that they are frivolous, and grant final approval to the settlement in all respects.”

The Class is represented by Lance A. Harke and Howard Mitchell Bushman of Harke Clasby & Bushman LLP, T. Tucker Ronzetti, Tal J. Lifshitz and Adam M. Moskowitz of Kozyak Tropin & Throckmorton PA, John Campbell of Campbell Law LLC and Robert William Rodriguez of Robert W. Rodriguez PA.

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

UPDATE 2: 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 3: 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 4: 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. 

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