Parent v. MillerCoors LLC, No. 3:15-cv-01204, 2016 WL 3348818 (S.D. Cal. June 16, 2016)
Plaintiff's first amended complaint alleged that he had regularly paid a premium when he purchased Blue Moon beer, based on his impression that Blue Moon is a "craft beer." Plaintiff pointed to Blue Moon's packaging and website, its "artfully crafted" trademark, and its "placement among other craft beers" at retail sellers. Plaintiff argued that although the internet advertisements "stop short of calling Blue Moon a craft beer, they feature all of the elements necessary to depict a craft beer." The court granted defendant's motion to dismiss, holding that the challenged internet advertisements contained only "mere puffery" and did not amount to actionable misrepresentations. Despite images suggesting a comparatively small-scale brewing operation, the advertisements do not claim that the depicted brewery was the only place Blue Moon was produced, that it was invented by an independent brewery or that it is currently brewed by a small, independent brewery. Moreover, the court held that the alleged "premium price" of Blue Moon, and its placement among other craft beers in retail stores, could not constitute a representation. View the decision.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
