Anheuser-Busch Settles Class Action Lawsuit over Kirin Beer

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A judge granted preliminary approval to a proposed settlement that would end a class action lawsuit accusing the beverage maker, Anheuser-Busch Cos. LLC, of deceptively advertising Kirin beer.

Lead plaintiffs, Lady J. Suarez and Gustavo E. Oliva, alleged that Anheuser-Busch implied that Kirin beer is imported from Japan when it is actually brewed in the United States. The bottles included a phase indicating the beer was brewed in Virginia, but it was in fine print according to the Kirin beer class action lawsuit, and located in a place that consumers would not be able to see it until after purchasing the beer.

The plaintiffs alleged that they had each been buying about one six-pack of Kirin a month before finding out it was not made in Japan. They allege that Anheuser-Busch violated the Florida Deceptive and Unfair Trade Practices Act with deceptive packaging, marketing and selling practices for the beer. Anheuser-Busch is responsible for Kirin in the United States under an agreement with the Kirin Brewery Co.

According to the Anheuser-Busch class action lawsuit, Kirin beer was produced in Japan initially in the 1880s. In 1996, and again in 2006, Anheuser-Busch entered into an agreement for Kirin’s marketing and sales. The plaintiffs allege that the packaging, marketing and advertising of Kirin was “designed to deceive consumers into believing they are purchasing Japanese beer.” The six-pack cases do not indicate that the beer is made in the United States, alleged the plaintiffs further, but depict a dragon-like Kirin creature from Japanese myth next to Japanese characters. According to the Kirin beer class action lawsuit, the Anheuser-Busch website also claims that “Kirin Ichiban and Kirin Light are imported Japanese-style pilsners.”

A Florida judge approved the preliminary settlement agreement in December. According to the terms of the agreement, Kirin purchasers will be reimbursed up to $50 per household for purchases of the beverage that they thought was imported. People who bought Kirin from Oct. 25, 2009, through Dec. 17, 2014, will be able to receive 50 cents per six-pack of 12-ounce bottles, $1 per 12-pack of 12-ounce bottles, or 10 cents for each individual bottle or can. Consumers with proof of purchase can receive up to $50, while those without proof of purchase will be capped at $12.

Under additional terms of the Kirin beer class action settlement, Anheuser-Busch will prominently display the phrase: “Brewed under Kirin’s strict supervision by Anheuser-Busch in Los Angeles, CA and Williamsburg, VA” on bottles and add it to all consumer-facing packages. The beverage producer also agreed to stop describing the beer as imported.

Information on how to file a claim for the Kirin beer class action settlement was not immediately available. Keep checking TopClassActions.com or sign up for our free newsletter for the latest updates. You can also mark this article as a “Favorite” using your free Top Class Actions account to receive notifications when this article is updated.

Suarez and Oliva are represented by Lance A. Harke and Howard M. Bushman of Harke Clasby & Bushman LLP, by Thomas A. Tucker Ronzetti, Adam M. Moskowitz and Tal Lifshitz ofKozyak Tropin & Throckmorton PA, and by Robert W. Rodriguez.

The Kirin Beer Class Action Lawsuit is Suarez, et al. v. Anheuser-Busch Cos. LLC, Case No. 2013-33620-CA-01, in the Circuit Court of the Eleventh Judicial Circuit of Florida.

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

UPDATE 2: On Nov. 2, 2015, readers of Top Class Actions began reporting they were receiving checks in the mail from the Kirin beer settlement. Congratulations to everyone who submitted a valid claim and got PAID!

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