Safe Harbor Defense?

Reprinted with permission from Beverage World. Any opinions in this article are not those of Winston & Strawn or its clients. The opinions in this article are the authors’ opinions only.

It’s no secret that over the past few years, food and beverage companies have been subject to an onslaught of consumer class actions challenging product labeling and other marketing practices. This past year, that trend crept into the adult beverage industry, with no less than 20 lawsuits filed against beer and liquor producers in federal and state courts. While many are still in their early stages, the lawsuits have been met with varying success for the defendants. And as with any litigation in the United States, defending these lawsuits is costly.