E-Malt.com News article: 2147

USA: A California couple whose 20-year-old daughter was killed by an underage drunk driver filed a lawsuit against brewers Anheuser-Busch Cos. Inc. and SABMiller Plc unit Miller Brewing, claiming their advertising is targeted at minors, Reuters reported on February 4. The suit, which names Anheuser-Busch Cos. Inc. SABMiller Plc unit Miller Brewing as defendants, was filed in Los Angeles County Superior Court. A similar case filed in November did not involve the two brewers. "We allege and intend to prove that these manufacturers are luring underage drinkers into potentially life-threatening addictions before they have the maturity necessary to make an informed decision whether to consume alcohol," plaintiff's attorney Steve Berman said in a statement.

The lawsuit, which seeks restitution based on profit gained from marketing to underage consumers, claims that packaging on some products such as Anheuser-Busch's "Doc" Otis' Hard Lemon Malt Beverage and Miller's Jack Daniel's Original Hard Cola resemble packaging on soda. Anheuser-Busch, maker of brands such as Bud Light and Michelob Ultra, said it had not seen the lawsuit, but defended its advertising. "Our advertising practices are sound, as was confirmed by the Federal Trade Commission report on advertising and youth released in September 2003," Anheuser-Busch Vice President Francine Katz said in a statement.
A Miller spokesman did not return calls seeking comment.

This lawsuit follows a similar case in which a plastic surgeon sued a group of alcohol companies, contending their advertising is aimed at teenagers. Miller and Anheuser-Busch were not named in that lawsuit.

The earlier suit, filed in the District of Columbia, named as defendants the Beer Institute, the trade group for the malt beverage industry, as well as Dutch brewer Heineken NV , Coors Brewing Co., a unit of Adolph Coors Co., Diageo PLC, Bacardi, Mike's Hard Lemonade Co., Kobrand Corp. and Brown-Forman Corp.

The new lawsuit says Anheuser-Busch spent $190,000 on television advertisements in 2001 on television shows where the youth audience exceeded 50 percent of the viewership. Both companies advertise in magazines with teenage readership as high as 41 percent, according to the lawsuit. The chance of the plaintiffs winning the suit against Anheuser-Busch and Miller is "not very good,," said Patrick Long, vice president of DRI, a trade group of lawyers who represent defendants in civil litigation. "There is a lot of stuff in their advertisements about (topics such as) drinking responsibly and friends not letting friends drive drunk," he said. "There is a certain sense of cynicism in the general public about cases like this."

Shares of Anheuser-Busch, which is scheduled to report its quarterly earnings later in the day, rose 45 cents or 0.9 % to $52.10 on the New York Stock Exchange. SABMiller's stock slipped 0.59 % in London Stock Exchange trading.


06 February, 2004