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US judge dismisses lawsuit against Red Stripe

A US federal judge has dismissed a lawsuit brought against the makers of Red Stripe for labeling it as Jamaican style beer, though it was being made in the United States, starting in 2012.
    
The judge dismissed the class action without prejudice.  
 
The plaintiffs, Aaron Dumas and Eugene Buner, sued Diageo-Guinness, claiming they bought Red Stripe because its label calls it "Jamaican Style Lager" with "The Taste of Jamaica." 
    
They sought class certification and damages for false advertising, unfair competition, business law violations and negligent and intentional misrepresentation.
    
Red Stripe has been brewed in Jamaica since 1938, and imported to the United States since 1985.
    
Diageo bought the rights to Red Stripe in 1993 and moved production for the North American market to the United States in 2012.
    
District Judge Barry Ted Moskowitz dismissed the complaint on April 6, stating that a reasonable customer would not be misled by the visible packaging into believing that Red Stripe is brewed in Jamaica with Jamaican ingredients.
    
He wrote that the mere fact that the words 'Jamaica' and 'Jamaican' appear on the packaging is not sufficient to support a conclusion that consumers would be confused regarding the origin and ingredients of the beer.
    
The judge concluded that the plaintiffs cannot state a claim for deception or misrepresentation, based on the Red Stripe bottle labels or packaging for the 12-packs or 6-packs.
    
However, the court granted the plaintiffs leave to amend the complaint to assert claims based on other facts.
    
They must file this within 15 days of the order.


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