Brendan Peacock, on behalf of himself and all others similarly situated v. Pabst Brewing Co. LLC
Published: Jul. 5, 2024 | Result Date: Mar. 18, 2024 | Filing Date: Mar. 15, 2018 |Case number: 2:18-cv-00568-DJC-CKD Summary Judgment – Defense
Judge
Court
USDC Eastern District of California
Attorneys
Plaintiff
Elizabeth Lee Beck
(Shilla Law P.A.)
Cullin A. O'Brien
(Cullin O'Brien Law P.A.)
Defendant
Oren Bitan
(Buchalter APC)
Mark T. Cramer
(Buchalter APC)
Jessica M. Hawk
(Buchalter APC)
Facts
Plaintiff Brendan Peacock brought this action alleging that Defendant misled Plaintiff and others by marketing and selling "The Original Olympia Beer" as using naturally filtered, artisan water from Tumwater, Washington despite the product being brewed elsewhere in the country using lower quality water and brewing methods. Plaintiff brought a claim under California's Business and Professions Code, section 17200, also known as the Unfair Competition Law. Defendant moved for summary judgment.
Contentions
PLAINTIFF'S CONTENTIONS: Plaintiff contended that Defendant's marketing practices misled to consumers to believe that the water in the beer is from the Olympia area of Washington State.
DEFENDANT'S CONTENTIONS: Defendant contended that a reasonable consumer would not likely be deceived by its marketing of Olympia Beer, and that Plaintiff established no economic injuries.
Result
Defendant's motion for summary judgment was granted.
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