A local beer drinker's case against domestic brewing giant MillerCoors for mislabeling its Blue Moon offerings as "craft beer" has, as MillerCoors lawyers predicted shortly after its May filing, apparently fizzled out.
Evan Parent, who describes himself as a "beer aficionado," says he began drinking Blue Moon beer in 2011 but stopped a year later, after learning the product was produced in a large-scale facility. Parent then filed a lawsuit this year in San Diego state court (MillerCoors successfully fought to move the venue to a federal courthouse), claiming that the company "goes to great lengths to disassociate Blue Moon beer from the MillerCoors name," noting that packaging refers to an allegedly fictional Blue Moon Brewing Company and displays slogans including "craft beer" and "artfully crafted."
MillerCoors, for its part, argued that there is no standing legal definition of craft beer, and therefore they could not have intentionally deceived any of the members Parent sought to make a part of his class action.
According to the Brewers Association trade group, craft beer is defined as being produced by a brewery with a total annual output of 6 million barrels per year or less, with less than 25 percent of its ownership residing with a large-scale brewery, and specializing in "traditional or innovative brewing ingredients," excluding malt-liquor producers. The association's definition, however, is not a legally binding one.
According to a Courthouse News Service report, U.S. District judge Gonzalo Curiel did leave Parent an option to revive the case in his dismissal.
"The court does not find it impossible that the plaintiff could allege other facts as to MillerCoors' advertising or sales practices that would support their claim that MillerCoors deceptively or misleadingly represents Blue Moon as a craft beer," says Curiel. The plaintiff, however, will have to introduce new evidence that goes beyond the "artfully crafted" bottle language and the use of the Blue Moon name.
A local beer drinker's case against domestic brewing giant MillerCoors for mislabeling its Blue Moon offerings as "craft beer" has, as MillerCoors lawyers predicted shortly after its May filing, apparently fizzled out.
Evan Parent, who describes himself as a "beer aficionado," says he began drinking Blue Moon beer in 2011 but stopped a year later, after learning the product was produced in a large-scale facility. Parent then filed a lawsuit this year in San Diego state court (MillerCoors successfully fought to move the venue to a federal courthouse), claiming that the company "goes to great lengths to disassociate Blue Moon beer from the MillerCoors name," noting that packaging refers to an allegedly fictional Blue Moon Brewing Company and displays slogans including "craft beer" and "artfully crafted."
MillerCoors, for its part, argued that there is no standing legal definition of craft beer, and therefore they could not have intentionally deceived any of the members Parent sought to make a part of his class action.
According to the Brewers Association trade group, craft beer is defined as being produced by a brewery with a total annual output of 6 million barrels per year or less, with less than 25 percent of its ownership residing with a large-scale brewery, and specializing in "traditional or innovative brewing ingredients," excluding malt-liquor producers. The association's definition, however, is not a legally binding one.
According to a Courthouse News Service report, U.S. District judge Gonzalo Curiel did leave Parent an option to revive the case in his dismissal.
"The court does not find it impossible that the plaintiff could allege other facts as to MillerCoors' advertising or sales practices that would support their claim that MillerCoors deceptively or misleadingly represents Blue Moon as a craft beer," says Curiel. The plaintiff, however, will have to introduce new evidence that goes beyond the "artfully crafted" bottle language and the use of the Blue Moon name.
Comments
A couple times that I tried Blue Moon for lack of any other choices other than the mass-produced yellow, fizzy stuff, I wasn't impressed. After some checking around about its origin, I realized that it was just some off-beat mass-produced brewski, and since then I've avoided it. If many folks who are disappointed to learn that it spews out of a mega-brewery by the thousands of gallons a day want to take action, that action is obvious. Don't buy the junk. Soon, it won't be in the marketplace, and your local dispensary will fill the gap in its bank of taps with something genuine. Shelf space in the supermarket cooler will go to something real.
Right on! Beer no matter who makes it or how much is made is a personal choice based on taste. While you did not like Blue Moon someone else does. If YOU think a beer tastes good then it is good beer. Most of all this craft crap is advertising. Drink up and drink the beer that works for you.
Blue Moon has been around since the mid-90s. Back then, it was sort of cool because it would show in places with only BMC accounts, and you'd actually have a halfway decent alternative. Today, it is an unnecessary option as you see craftier selections (e.g. Sculpin) just about anywhere.
I think it is rather naive to think it is going anywhere, though. It's a gateway beer, and craft beer drinkers / beer geeks aren't buying it anyway.
Sculpin is just as bad as Blue Moon. Be sure to buy some Ballast Point stock with that next 6 pack!
http://www.nasdaq.com/markets/ipos/company/ballast-point-brewing-spirits-inc-977544-79614