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posted by takyon on Wednesday October 28 2015, @10:30AM   Printer-friendly
from the blue-loon dept.

It turns out you can hide an entire brewery (or not even have a brewery) and pretend to produce a craft beer, advertise it as such, and it's not even against the law. For years, Blue Moon Brewing Co. has been passing off its beers as "microbrews", or "craft beers", while curiously building market share beyond what a craft brewery could actually produce. The catch is that Blue Moon is semi-secret brand of MillerCoors LLC. CourtHouseNews reports:

Evan Parent, who describes himself as a "beer aficionado," began buying Blue Moon beer in 2011, but stopped in about mid-2012 when he discovered it is made by MillerCoors LLC, which owns widely recognizable labels such as Coors, Miller High Life, Milwaukee's Best and Hamms.

Parent started a class action law suit against MillerCoors in San Diego state court, claiming deceptive practices and misrepresentation in violation of California's Consumers Legal Remedies Act; untrue and misleading advertising in violation of California's false advertising law; and unlawful, fraudulent and unfair business practices in violation of California's unfair competition law.

Under craft-brewing principles [as defined by the Brewers Association], brewers cannot produce more the 6 million barrels of beer annually, must be less than 25 percent owned by a non-craft brewer and must brew beer using only traditional or innovative brewing ingredients. In comparison, MillerCoors makes about 76 million barrels of beer per year, according to Parent who says the company charges "up to 50 percent more for Blue moon" based on its bogus craft-beer status. He also claims the company "goes to great lengths to disassociate Blue Moon beer from the MillerCoors name" by stating on Blue Moon packaging that it is brewed by Blue Moon Brewing Co.

MillerCoors managed to get the case moved to federal court, and the judge handed MillerCoors a slam dunk win on all counts. MillerCoors found specific loopholes in California law that allowed them to produce beer under "fictitious names" if they just register those names on the official "fictitious names" registry. The plaintiff has 30 days to amend the complaint after the judge's final order.


takyon: MillerCoors LLC is a joint venture between SABMiller and Molson Coors Brewing Company that was created in 2007 and approved by U.S. antitrust regulators in 2008. It has been described as a challenger to Anheuser-Busch. However, SABMiller recently agreed to be purchased by Anheuser-Busch InBev for $106 billion. MillerCoors may be dismantled by regulators and some brands could be divested.

Previously: Congress May Lower Beer Taxes, Sam Adams Could Cease to be "Craft Beer"

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  • (Score: 0) by Anonymous Coward on Wednesday October 28 2015, @03:40PM

    by Anonymous Coward on Wednesday October 28 2015, @03:40PM (#255637)

    That's a pretty bad analogy. I would avoid an NSA phone because I would expect it to have something harmful to me (and very hard to detect) on the inside, and because I would not want the profits from my purchase going to an organization that would use the money to violate the Constitution. If Evan Parent is avoiding Blue Moon because he thinks MillerCoors puts poison in its products or because he thinks MillerCoors uses its profits to fund the KKK, you have a point. I don't see anything in the summary that gives the impression that his thinking was anything like that.

  • (Score: 3, Insightful) by tibman on Wednesday October 28 2015, @04:06PM

    by tibman (134) Subscriber Badge on Wednesday October 28 2015, @04:06PM (#255653)

    It's not as different as you think. I doubt he thinks there is anything wrong with the ingredients of Blue Moon. He probably doesn't like what MillerCoors does with the money though. Just like you wouldn't want to help support the NSA, he doesn't want to support MillerCoors. A short search on them brings up plenty of reasons to make boycotting Blue Moon an ethical decision. To each their own though : )

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