That lawsuit claiming MillerCoors misled consumers into think Foster’s Lager sold in the U.S. was brewed in Australia despite the fact it’s produced domestically.
The lawsuit was based upon the concept that the packaging contained numerous Australian symbols – “an image of a Red Kangaroo, the national symbol of Australia, and the Southern Cross constellation,” a “main component of the Australian national flag.”
Part of the “confusion,” the complaint alleged, came from TV advertising, including “Foster’s – Australian for Beer,” “How to Speak Australian” TV ads, and a website noting Foster’s is made out of hops only grown in Australia.
But the court noted that Foster’s Beer labels contain an explicit disclaimer as to place of production: “BREWED AND PACKAGED UNDER THE SUPERVISION OF FOSTER’S AUSTRALIA LTD., MELBOURNE, AUSTRALIA, BY OIL CAN BREWERIES, ALBANY GA AND FORT WORTH TX.”
No reasonable consumer, the court concluded, could be misled that the Foster’s Beer sold in the U.S. is produced in Australia.