Pogust Talks Craft Brew Labeling Issues with Corporate Counsel
In “Labeling Issues Bubble Up in 'Craft' Beer Lawsuit,” Glenn Pogust, Special Counsel and member of the firm’s Product Liability Group, spoke with Corporate Counsel about the recent consumer class action lawsuit filed against behemoth brewing company MillerCoors by a plaintiff fed up with how the company was marketing its Blue Moon beer as a "craft" brew. The suit raises issues about the authenticity of branding foods and beverages that are especially important in an era when some consumers are putting a premium on food and drink created in smaller and less corporate environments.
Pogust explained to Corporate Counsel that right now brewers lack legal guidance on how to fairly categorize beer with names such as “craft” or “microbrew" and that the labeling problem goes beyond just booze. He explained that plaintiffs are taking issue with labels like “natural” or “all natural” on foods, despite silence on the matter from the U.S. Food and Drug Administration.
“It creates a lot of confusion in these industries because manufacturers are being sued for using these terms and the FDA, which is responsible for regulating how foods are advertised, has not made that distinction,” said Pogust.