MillerCoors scores partial victory in Corngate lawsuit

USA – It is not a ruling MillerCoors must have hoped for. A US court on 24 May 2019 only barred AB-InBev from using some parts of its advertising that said rival MillerCoors used corn syrup in the production of its light beers.

In February this year, AB-InBev had aired a Bud Light commercial during Super Bowl that taunted MillerCoors for adding corn syrup to its Miller Lite and Coors Light beers. A not-amused MillerCoors then dragged AB-InBev to court.

Federal court judge William Conley of the Western District of Wisconsin has ruled partially in favour of plaintiff MillerCoors for false advertising and misuse of the Miller and Coors trademarks. In his ruling, the judge said that AB-InBev had hoped to exploit consumer confusion about the use of corn syrup in beer, relying on consumer misapprehension that brewed with corn syrup actually means that corn syrup can be found in the final products.

MillerCoors, the US arm of Molson Coors, has said that Miller Lite and Coors Light do use corn syrup, while Bud Light uses rice, but pointed out that corn syrup is consumed by the yeast during fermentation, meaning it is not in the final product.

As says Reuters, the ruling bars Anheuser Busch from using specific language featured prominently during the ad campaign in any future commercials, print advertising or social media. But it also allows for the continued running of some of its corn syrup ads.

The judge deferred a ruling on whether existing Bud Light packaging, which claims the beer has “no corn syrup,” will have to be removed from stores. The two parties are supposed to brief the court on their views on that matter in the coming weeks.