Monday, April 3, 2017

Case of the Day: Bowring v. Sapporo U.S.A., 2017 U.S. Dist. LEXIS 32333 (E.D.N.Y. Feb. 10, 2017)

Summary:

Plaintiff claimed Defendant Sapporo U.S.A. misled him and the class of people similarly situated, because the Sapporo beer sold in the United States are produced and bottled in Canada rather than in Japan. 

The court struck the deceptive business practice and false advertising claims, as Sapporo used the term "imported" correctly--because it was imported from Canada. The court also struck down common law claims of fraud and unjust enrichment under the same theory.

Takeaway:

Here's my favorite variety of stupid lawsuits: "My Asian product was not made in Asia!" In a world in which Mercedes-Benz and Hyundai are made in Alabama, why does anyone think this type of lawsuit will win?

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