KAILUA-KONA — Another lawsuit filed in a federal court in California accuses Craft Brew Alliance Inc., which owns Kona Brewing Co., of misleading shoppers into thinking they’re buying beer made in Hawaii. ADVERTISING KAILUA-KONA — Another lawsuit filed in a
KAILUA-KONA — Another lawsuit filed in a federal court in California accuses Craft Brew Alliance Inc., which owns Kona Brewing Co., of misleading shoppers into thinking they’re buying beer made in Hawaii.
It’s the second such lawsuit in as many weeks. An attorney for two other California residents filed a similar case Feb. 28.
Unlike the earlier case, this one, filed March 6, specifically includes Kona Brewing Co. LLC, Kona Brew Enterprises LLC and Kona Brewery LLC as defendants in addition to Craft Brew Alliance. The earlier case was filed only against Craft Brew Alliance.
The new lawsuit alleges violations of California business laws, common law fraud and misrepresentation, among others. The plaintiff, a San Francisco resident, alleges the companies used “deceptive advertising” to mislead those who purchased the beer, according to court documents.
In February, documents state, the plaintiff bought a 12-pack of Longboard Island Lager, relying on illustrations of a beach, surfers and other details with the belief that “he was purchasing a product brewed in Hawaii.”
“(The) plaintiff purchased the Longboard Island Lager relying on the content of the labeling and packaging … and reasonably (believed) that the product was brewed in Hawaii,” court documents state.
The plaintiff “would not have purchased the product or would have paid significantly less for the product had he known that the product was brewed in the continental United States,” documents state. The document doesn’t state how much he paid for the beer.
As a result, he “suffered injury in fact and lost money” because of the alleged misrepresentation.
Kona Brewing Co.’s website acknowledges much of its beer is brewed in locations outside Hawaii Island.
The facility in Kailua-Kona produces more than 12,000 barrels annually, but its bottled beer and mainland draft is produced at breweries in Oregon, Washington state, Tennessee and New Hampshire.
That list of locations, including Kona, is printed on the labeling of Kona Brewing Co. products.
Like the earlier lawsuit, the latest action also is being brought as a class action suit on behalf of everyone who, within the legal statute of limitations, bought the products in question. The lawsuit class described in this case specifically excludes Hawaii residents.
No response from any of the defendants was filed by Thursday afternoon.
A spokesperson for Craft Brew Alliance said she was unable to comment about the litigation.
Email Cameron Miculka at cmiculka@westhawaiitoday.com.
