Judge Unconvinced by Man ‘Fooled’ by Blue Moon Beer
A California judge says he’s inclined to dismiss a lawsuit claiming MillerCoors deceptively marketed Blue Moon as a “craft beer,” though the plaintiff in the case can still present new evidence. Evan Parent filed a class-action lawsuit against the brewer after discovering that Blue Moon wasn’t actually brewed by “Blue Moon Brewing Co.” as its label indicated, but instead by MillerCoors.
In a tentative ruling last week, US District Judge Gonzalo Curiel said there’s no regulation keeping MillerCoors from placing Blue Moon Brewing Co. on Blue Moon’s packaging because the brewer filed the necessary paperwork with California’s fictitious business name registry, reports Courthouse News. Curiel also noted that MillerCoors’ website lists Blue Moon as its own craft beer.
“The court cannot conclude that the reasonable consumer, viewing Blue Moon’s identification as a craft beer on MillerCoors’ company website, could be misled into believing that Blue Moon is an ‘independently brewed, hand-crafted beer’ not owned by MillerCoors,” Curiel said. Parent had also argued that Blue Moon shouldn’t be considered a craft beer because it doesn’t come from a “small, independent, and traditional” brewery, according to the Brewers Association’s definition. But Curiel explained that there is no legal definition of craft beer, per Brewbound.
Parent now has 30 days to revise his complaint. His lawyer says he plans to present evidence of MillerCoors’ misleading marketing tactics not included in the initial complaint. (Craft beers may cause man boobs.)
By Arden Dier
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This article originally appeared on Newser: Judge Unconvinced by Man ‘Fooled’ by Blue Moon Beer