Kona Brewing, the company known for popular products like Longboard Island Lager, Pipeline Porter, and Big Wave Golden Ale among others, lost its attempt to dismiss a lawsuit alleging that its labels mislead consumers.
The lawsuit, named Broomfield vs. Craft Brew Alliance, was brought about by consumers who claim Kona Brewing’s packaging led them to believe that the beer they were purchasing was brewed in Hawaii. Because of this misleading information, the plaintiffs claim, they were willing to pay a higher price for Kona beer. Supposedly, had they known the beer was actually brewed at one of Kona’s locations in the continental United States, they would not have made the purchase. U.S. District Court Judge Beth Labson Freeman recently ruled on Kona’s motion to dismiss, allowing the lawsuit to proceed but with modifications.
What the lawsuit boils down to is Kona’s use of catch phrases and, more specifically, its choice of wording and imaging on the outside of some of its twelve pack containers. Kona uses advertising phrases such as “Catch a Wave” and “Liquid Aloha” as a means to invoke the spirit of the Hawaiian tropics. The plaintiffs claim that this makes it sound like the beer is brewed in Hawaii, when in fact it isn’t.
But most troubling, according to the plaintiffs, is the outer packaging on the twelve packs of beer. In some instances, the twelve packs depict a map of Hawaii’s Big Island with a star on the west coast of the island, indicating the location of Kona Brewing’s Hawaii headquarters. Kona Brewing also invites consumers to visit the brewery. This, the plaintiffs claim, is deceptive because it makes it seem like the beer they are about to purchase originated at this specific brewery. In reality, all of Kona Brewing beer sold in the 48 states is brewed on the mainland.
There is one problem with the plaintiff’s claims and it is a problem that many feel should have been enough to have the lawsuit dismissed. That problem is the labels on the individual Kona beer bottles. Look at any one of them and they specifically state that Kona’s beers sold in the continental USA are brewed at one of five breweries on the mainland.
Should this case have been allowed to proceed? Here at Great Beer Now, we don’t believe that any reasonable person would think Kona Brewing beer was actually brewed in Hawaii. Yes, there is a map of Hawaii on some of the packaging and it does invite people to visit the original brewery in Hawaii. But this in no way means the product was actually brewed there and the labels on the bottle clearly indicate this.
By allowing a lawsuit like this to proceed, it could spell trouble for other consumer goods. Think of the number of products you and I purchase every day that contain similar imagery and/or statements. Should I sue Kentucky Fried Chicken because the chicken isn’t made in Kentucky? What about Canada Dry Ginger Ale? You might argue that claims like these are flimsy and will not make it past a lower court judge and you are probably correct. But they are still going to clog up the justice system with frivolous lawsuits brought on by individuals trying to make a quick buck and attorneys more than happy to take the case with the hope of making big money through a quick settlement.
Similar lawsuits against breweries and beer labeling have had their share of successes and failures. The lawsuit against Beck’s Beer not being brewed in Germany was a victory for the plaintiffs while a similar lawsuit against Jamaica’s Red Stripe was a loss. The verdict is still out on this latest lawsuit involving Kona, but I honestly hope these origination lawsuits can be put to rest once and for all. The judge in the Kona Brewing case made a bad decision that could lead to more and more frivolous lawsuits in the future. Let’s hope this particular lawsuit gets thrown out of court and that consumers exercise better judgment before filing flimsy claims.
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