In the latest and greatest weird lawsuit out there, a New York man is suing Miller Brewing Company for false advertising. He alleges that the company’s advertising falsely led him to believe that Foster’s, one of the many brands owned by Miller, was brewed in Australia. It’s easy to see why he thought that.
With commercials describing Foster’s as “Australian for beer,” one would think that the beer was shipped here from the “Land Down Under,” which is a cool nickname for a country, as well as a pretty rad song by Men At Work. However, since 2011, Foster’s has been brewed in Fort Worth, Texas.
The man behind the lawsuit, Leif Nelson, is upset that the beer isn’t brewed in Australia, but is willing to keep drinking Foster’s, provided the cans are accurately labeled. I haven’t had a Foster’s in years, largely due to the fact that there are literally thousands of better tasting beers available to me and every other American, so I haven’t seen a can of it up close in a while. That being said, I seem to remember the fine print saying the beer is produced here.
Here at TFM, we have integrity, so I don’t want to steer you wrong. I searched for about thirty seconds and was able to find a picture of a Foster’s can where you can see it says “Product of U.S.A.” Is it super clear or bold? No. But it is there.
Do commercials, the can’s design, and just about every other aspect of the beer’s marketing might make one think it’s Australian? Yes. But the fine print says otherwise. I’m no lawyer, but I have a feeling that’s what counts. This kind of stuff is pretty common throughout the world of advertising. Blue Moon, for instance, which is made right here in the U.S.A., is described on the label as a “Belgian White,” though directly underneath it the can reads “Belgian Style Wheat Ale,” the key word there being “style.” To be fair, Miller claims to have an Australian brewmaster in charge of making this particular beer, but that obviously doesn’t change the physical location where it’s made.
In the end, I think this lawsuit is pretty ridiculous. Not just because of the frivolous nature of it, but because someone is getting so upset over a beer like Foster’s. Dude. It’s Foster’s. It’s not worth lawyering up over..
[via NY Daily News]
Image via YouTube