Foster’s in the USA is being sued for being ‘un-Australian’ after a fan of the beer discovered his drink was made in Texas.
New Yorker Leif Nelson was reportedly ‘devastated’ to learn that his favourite lager, marketed in the States as “Australian for beer” was in fact being brewed in Fort Worth.
In classic American litigious style, he is leading a class action against SAB Miller, citing its marketing is misleading.
The New York Post reported Nelson’s litigation stated that “Consumers believe they are purchasing beer imported from Australia brewed with Australian ingredients, when, in fact, they are purchasing beer brewed in Fort Worth, Texas, with ingredients from the United States.”
The suit also references paying imported beer prices for beer that is not in fact imported.
Like many beers, Foster’s is brewed under licence throughout the world, largely as the logistics of transporting beer across the equator make it cost-prohibitive to maintain production in the place of origin for large-scale overseas distribution. The same is true in Australia for many imported labels, such as Corona.
A spokesperson for the big brewer stated that the company “employs an Australian brew master so that the beer tastes as true to its origin as possible”.
But Foster’s-lovers Nelson and his cohorts stand a good chance of winning, with a very similar case being fought and won in 2013.
Francisco Rene Marty sued AB InBev – which is currently trying to execute a takeover of SAB Miller – for implying that Beck’s was still brewed in Germany, although production had moved to the American State of Missouri in 2012.
Despite the world’s largest brewer branding the action a “frivolous lawsuit with no basis” it was settled for $US20 million, and consumers could claim up to $US50 from retail outlets where they purchased Beck’s.
And in further bad news for AB InBev, the European Union (EU) has ruled that tax breaks it and other brewers have enjoyed have amounted to an “unfair competitive advantage compared to others”.
A number of large brewers including AB InBev have based themselves in Belgium to take advantage of that country’s tax breaks under the “Only in Belgium” development banner.
The EU has ruled 34 multinationals will be forced to pay a combined sum of €700 million.
