Asahi Beer Class Action Says ‘Japan’s No. 1 Beer’ is Actually Brewed in Canada

A class action lawsuit says Canadian-brewed Asahi Super Dry beer is falsely labeled to make consumers think it’s brewed in Japan.

Plaintiff Alexander Panvini of Seattle says the labeling on Asahi Super Dry beer is deceptively designed to make consumers think it’s brewed in Japan and imported to North America. In fact, he says, Asahi is brewed in Canada by the Molson company.

He accuses defendant Asahi Beer USA Inc. of purposely creating the impression that Asahi Super Dry is imported from Japan so that consumers will be willing to pay a higher price for it.

“Defendant knows that consumers are willing to pay more for Japanese beers that use Japanese ingredients due to their perception that they are of better quality, and believe they are paying costs associated with importing Japanese beer to the United States, over competing Canadian beers,” Panvini says.

Sure enough, Asahi Super Dry retails for a higher price than other products from Molson, according to this Asahi Super Dry class action lawsuit. Panvini says that based on prices at a retail outlet in California, a six-pack of Asahi Super Dry sells for $2.80 more than a pack of Molson Canadian Lager.

Panvini points out several elements on the Asahi Super Dry label that he says would lead a reasonable consumer to think it was brewed in Japan.

The label describes the product as the “most popular high-quality beer in Japan,” “Japan’s No. 1 Beer” and “Japan’s first dry beer.” The label also uses Japanese lettering to describe the beer’s taste. And, the product itself is named after the Japanese city of Asahi, Panvini says.

Even though the label discloses that Asahi Super Dry is brewed in Canada, Panvini says that disclosure – in “small, non-descript writing” – isn’t adequate to counter the strong impression created by the rest of the labeling.

This allegedly misleading label has apparently made an impression on some restaurants and retailers, who promote Asahi Super Dry as a Japanese beer. Panvini includes images from restaurant and retail websites that list Asahi as a “Japanese brand” and as being “from Japan.”

Panvini says he made several purchases of Asahi Super Dry in California between June and August 2015. He claims he relied on representations on the product’s packaging that said it was made in Japan. Had he known the beer is actually made in North America, he never would have bought it, the lawsuit states.

Panvini seeks to represent a nationwide plaintiff Class consisting of all persons in the U.S. who purchased Asahi Super Dry for their own personal use. He also proposes a California Class that would represent Class Members who live in California.

He is asking the court for an order barring Asahi from continuing the marketing practices complained of here. He also seeks an award of statutory and compensatory damages, restitution and disgorgement, and attorneys’ fees and court costs, all with pre- and post-judgment interest.

The plaintiff is represented by attorneys Michael R. Reese and George V. Granade of Reese LLP and Melissa W. Wolchansky and Amy E. Boyle of Halunen Law.

The Asahi Super Dry Beer Class Action Lawsuit is Alexander Panvini v. Asahi Beer USA Inc., Case No. 4:17-cv-01896, in the U.S. District Court for the Northern District of California.