20A class action lawsuit has been filed against Anheuser-Busch in federal court in southern Florida, alleging unjust enrichment, violation of the Florida Deceptive and Unfair Trade Practices Act (by the Florida Subclass), negligence, and breach of contract. The plaintiffs, being purchasers of AB’s Leffe Beer, are seeking compensatory damages, punitive damages, and statutory penalties.
Leffe Beer
The suit arises out of AB’s labeling and packaging of its Leffe Beer, which is an abbey-style ale. A-B’s labeling includes the words “Abbey Ale” and “Abbaye de Abbey of Leffe,” a picture of an Abbey, and the “Story of the abbey of Leffe.” So, what’s the problem? Beer has not been brewed at the Leffe Abbey (Belgium) since before the Abbey was destroyed in the French Revolution. After the Abbey was rebuilt, an agreement was entered into with the Lootvoet Brewery (nearby in Belgium), whereby the Lootvoet Brewery made the Leffe Beer. Through a series of mergers and acquisitions, A-B became the owner of Leffe Beer in 2008. Now, despite calling the Leffe Beer an “Abbey Ale” and making claims of origins dating back to 1240, the beer itself is actually made through a mostly automated process at a Stella Artois (also owned by A-B) facility in Belgium. Monks from the Leffe Abbey take no part in the brewing, manufacturing, bottling, shipping, distribution, or marketing of the beer. The Abbey does receive royalties.
Whereas other breweries that make abbey-style ales will label their beers as “Abbey-Style Ales” (see Highland Brewing Company’s label for their Seven Sisters Abbey Style Ale, for instance), AB does no such thing for its Leffe Beer (the label quite literally says “Abbey Ale”). Interestingly, AB also uses a label different from the label it submitted to the US Alcohol and Tobacco Tax and Trade Bureau (TTB). On the label submitted to TTB, AB included “IMPORTED BY IMPORT BRANDS ALLIANCE, ST. LOUIS, MO.” On at least some Leffe Beer found in the marketplace, the label includes, in lieu of the above, the address of the AB (Stella Artois) brewery where Leffe Beer is brewed and a statement that the beer is being brewed for the Leffe Abbey (and includes the address of the Leffe Abbey). So, effectively (and assuming everything stated as factual in the complaint is true), AB has deceived a large portion of the population that purchases Leffe Beer and the TTB.
The plaintiffs effectively are alleging that they paid a higher premium for Leffe Beer, believing it to be a true abbey ale, brewed by Belgian monks in Belgium, as opposed to a mass produced product from a mostly automated facility.
We’ll see where this lawsuit goes. It certainly has some potentially interesting labeling implications, one way or another.
The complaint can be found here: AB_Complaint
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