E-Malt.com News article: 4133

USA, California: In a legal victory for Big Alcohol, Los Angeles Superior Court Judge Peter D. Lichtman has dismissed a class-action suit accusing the nation's largest beer makers Anheuser-Busch Cos. and Miller Brewing Co. of encouraging underage drinking by targeting teens with their advertising, Big Alcohol announced on February 4.

Under California Law, the judge ruled, regulating alcohol ads is the job of the Department of Alcoholic Beverages Control, not the courts. The ruling further states that the suit had failed to identify beer ads that were literally false. Further, plaintiffs failed to show how they'd suffered any direct harm as a result of beer marketing campaigns, the judge wrote.

The suit was filed in February 2004 and is widely known as the Goodwin case after lead plaintiffs Lynne and Reed Goodwin, whose 20-year-old daughter Casey was killed in 2003 by a teenage drunk driver.

Beer and spirits makers face similar class-action suits in Ohio, Colorado, North Carolina and the District of Columbia that allege they use sexually charged ads to induce illegal drinking by teens. Judge Lichtman's ruling operates under California law only so it has no bearing on other cases Some argue this ruling may discourage the filing of additional suits.

Big Alcohol's Kristin Kaplan Wolfe, assistant general counsel for Miller Brewing, was quoted in the LA Times stating: "The courtroom is not the place to address the problems associated with illegal underage drinking." She went on to wax "through effective law enforcement and having parents talk to their kids about not drinking — and certainly by having people not drive drunk," Wolfe said.

Judge Lichtman's ruling dismissed additional claims of public nuisance, unjust enrichment and deceptive advertising. The Goodwins took on this court case to push for advertising restraints, rather than seek financial damages. The ruling found that the Goodwins had no standing to sue because they had not established that the companies' ads played a role in their daughter's death. "There is no allegation in the complaint that the teenage drunk driver who killed Casey Goodwin saw any specific advertisements" or "relied on the advertisements to become illegally intoxicated," the judge wrote.

BigAlcohol.com's legal advisor noted that, under California Law, liability is much more difficult to prove than in other states. In speaking with attorneys planning on attacking Big Alcohol on underage marketing practices, sharper strategies and research are being used that show an indelible link to Big Alcohol's profitable reward for attracting underage consumption. With 19.1% of alcohol being consumed by underage drinkers, it is simply a matter of time before Big Alcohol begins to receive its just reward in court. It is notable that, for these lawsuits, Big Alcohol's insurance companies declined to cover the industry. This is an early indication of just how successful litigation is expected to become.


05 February, 2005