Anheuser-Busch Reaches False Ad. Class Action Settlement Over Beck’s Beer

Beck’s beer maker, Anheuser-Busch LLC, has agreed to a false advertising class action settlement to resolve allegations that the company misled customers into thinking that the beer was still imported from Germany.

Under the terms of the Beck’s beer class action settlement, there is no cap on the amount Anheuser-Busch has agreed to pay to settle the class action lawsuit. If approved, Class Members will receive a partial refund for the amount they spent on the beer.

In addition, Anheuser-Busch has agreed to change the labels of the beer to include the words “Brewed in USA” or “product of USA” on the beer’s packaging for five years, according to the motion to preliminarily approve the class action settlement filed in a Florida federal court on June 18.

The class includes anyone in the United States “who purchased Beck’s beer in the United States for personal, family, or household purposes” from May 1, 2011 until preliminary approval of the deal is granted.

Under the terms of the agreement, Class Members may receive $.10 for an individual bottle or can purchased to $1.75 for a 20-pack of bottles, and they can receive up to $50 per household, if they have receipts and $12, if they don’t.

Plaintiffs are asking for $3.5 million in attorneys’ fees and $5,000 for the class representatives.

The Beck’s class action lawsuit was filed by consumers from California, Florida and New York, alleging that they bought Beck’s believing that it was brewed in Germany due to claims on the bottles or packaging. Beck’s was made in Germany until 2012.

The plaintiffs said in their second class action lawsuit that where Beck’s was made was “special” to Beck’s drinkers and was the reason they trusted the brand.

According to the Beck’s false advertising class action lawsuit, even though the beer has been made in the United States since 2012, the packaging was not changed much to reflect this fact.

The statements, which the plaintiffs claim were deceiving, included “Originated in Germany,” made with “German Quality,” and “Brewed Under the German Purity Law of 1516.”

In a motion to dismiss the class action lawsuit filed in April 2014, Anheuser-Busch said that “Product of USA” was written on both the bottle or can and on the packaging the bottles came in.

However, Judge Sullivan said that the “Product of USA” statements were too small or obscure to read, and that it is unreasonable to think that a customer is going to see the statement.

The Florida federal judge also said that it’s questionable whether or not Beck’s was in fact made “under the German Purity Law of 1516.”

Anheuser-Busch had argued that statements, such as saying the beer was made with “German Quality,” were mere puffery, but Judge Sullivan said that the company’s argument would stand, if it weren’t for the other statements at issue in the Beck’s class action lawsuit. When taken as a whole, he argued, it is reasonable to think that packaging could make someone think the beer was brewed in Germany.

For these reasons, the Beck’s false advertisng class action lawsuit survived dismissal in September 2014.

U.S District Judge John J. Sullivan ordered the parties in the false advertising class action lawsuit to mediation in May when they were unable to reach a deal on their own.

The plaintiffs are 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.

Anheuser-Busch is represented by Edward M. Crane, Brandon R. Keel and David R. Pehlke of Skadden Arps Slate Meagher & Flom LLP and by Stanley H. Wakshlag of Kenny Nachwalter 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: Instructions on how to file a claim for the Beck’s beer class action settlement are now available! Click here or visit www.BecksBeerSettlement.com for details.

UPDATE 2: The Beck’s beer class action settlement was granted final approval on Oct. 20, 2015.

UPDATE 3: 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 4: 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 5: 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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