Sapporo Class Action Says ‘Japanese’ Beer is Brewed in Wisconsin

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Sapporo U.S.A Inc., the maker of a popular Japanese beer also called Sapporo, was hit with a potential class action lawsuit alleging the company misleads consumers by touting the beer as “Japan’s Oldest Brand” and markets the beer as if it were imported.

Lead plaintiff Antonia Bowring filed her complaint in New York federal court. In it, the plaintiff alleges that although Sapporo is historically a Japanese beer, it is currently brewed in the United States, but the company misleads consumers into thinking the brew is imported from Japan. The plaintiff also alleges that Sapporo misleads consumers by marketing the beer as “the original Japanese beer.”

According to the complaint, the Japanese government established and oversaw the construction of a beer company in 1876 that eventually became Sapporo. Eventually, Sapporo was sold to a private company in Japan and then, after several exchanges and mergers, was brought to the United States in 1964. In 1984, Sapporo U.S.A. Inc. was established and began brewing Sapporo beer varieties, including a premium, reserve, and light, in La Crosse, Wisconsin or in Guelph, Ontario.

The class action lawsuit alleges the beer maker tricks consumers into thinking Sapporo is imported in several ways. Most importantly, according to the complaint, Sapporo used the word “imported” on its label. Additionally, the plaintiff points out that Sapporo’s packaging using the North Star, is allegedly a symbol of the pioneers in the geographic area of Sapporo.

“Most breweries proudly display the location where their products are brewed,” alleged the plaintiff in her complaint. “Here, Defendant is misleading its customers to believe that Sapporo Beer is imported from Japan, not brewed North America.”

The plaintiff also alleges that Sapporo exacerbates its misleading packaging and labeling by using an “overall marketing campaign, online and in advertisements that misleads the consuming public to believe that the product is imported from Japan,” that includes “bragging” on its website that “Sapporo is the original Japanese beer.”

The class action lawsuit alleges that Sapporo’s marketing causes “confusion among consumers” and leads consumers to “believe they are purchasing beer imported from Japan that has been brewed with Japanese ingredients.” The plaintiff also claims that Sapporo knows consumers will pay more for beer they think is imported because of the perception that the beer is better quality and because consumers believe they are paying for increased costs associated with importing the beer.

The lawsuit accuses Sapporo’s marketing campaign of violating New York General Business Law and constitutes negligent misrepresentation, fraud, and unjust enrichment.

The plaintiff seeks to represent a New York Class of consumers who purchased Sapporo beer for their personal use, along with multi-state and nationwide Class of consumers. The plaintiff is seeking an order enjoining Sapporo from its marketing practices, disgorgement of profits, statutory and other damages, compensatory damages, and attorneys’ fees and costs.

Bowring is represented by Michael R. Reese of Reese LLP and Clayton Halunen of Halunen Law.

The Sapporo Beer Misleading Marketing Class Action Lawsuit is Bowring v. Sapporo U.S.A, Inc., Case No. 1:16-cv-01858, in the U.S. District Court for the Eastern District of New York.