A Sacramento man has filed a class action lawsuit against Pabst Brewing Company because he says the company’s Olympia beer is not brewed from spring water as commercials for the premium brew claim. According to a Tribune News Service report, Brendan Peacock , 37, filed a federal lawsuit alleging the beer company falsely implies in advertisements that the beer comes from artesian spring water in Tumwater, Washington, when in fact, the company brews the said beer in the city of Irwindale, right here in the San Gabriel Valley.
Lawsuit Alleges Consumers Are Misled
The lawsuit states it is not clear where the water is from adding that parts of Irwindale are served by a utility that chlorinates its water and that the area’s water supply has even been contaminated by industrial solvents in the past. The Olympia website, however, says its beer “blends nature’s finest raw materials from the field of the Great Northwest.” It goes on to say that “pure mountain water and golden barley tan this smooth, sculpted beer like Mount Olympia itself.”
This is apparently not Peacock’s first lawsuit against a brewer. He sued the Bay Area’s 21st Amendment Brewery Café last April after purchasing the company’s beer. In that lawsuit, he claimed the company’s marketing misled consumers into believing all its beer is brewed in the Bay Area when in fact some of it is made in Minnesota. In that lawsuit against Peacock said would not have bought the beer and paid a premium price for it had he known it wasn’t brewed in San Francisco as advertised, but in an “old brewery know to make kind of crappy beer.” The case is in the process of being settled although court papers do not indicate the terms of the settlement.
False Advertising and Class Action
California’s false advertising law prohibits any company or individual from making false statements or claims that are likely to mislead consumers about the nature a product or service. If the false advertising has caused physical injuries and other losses, an individual may be able to file a product defect or personal injury claim to recover compensation for those losses.
However, in cases such as this where a consumer feels duped because they are not getting the product as advertised or marketed, a class action lawsuit is often the best course of legal action to hold the manufacturer accountable for the alleged false advertising. In such cases, class action lawsuits are used as a way (often, they are the only way) for the average guy to hold a large corporation accountable for unethical practices.