FEDERAL JUDGE DISMISSES ANOTHER CLASS ACTION LAWSUIT
A Federal Judge in West Virginia is the latest judge to dismiss a class action lawsuit which had been brought by Roger and Kathy Bertovich against over 100 beverage alcohol producers and their lobby groups.
Judge Irene Keeley said in her 35 page opinion that parents can't blame alcohol producers when their underage children violate the law and purchase alcohol. Lisa Joley, vp and general counsel at Anheuser-Busch, put it best, saying the Bertoviches' suit would create "a perverse form of a frequent illegal drinkers' reward program in which the more an underage adult or adolescent drank, the more his parent would be paid."
THREE TIER PROTECTS PRODUCERS. Interestingly, Judge Keeley wrote that West
Virginia's three-tier system in West Virginia means that "defendants aren't able to sell their products directly to individual consumers. They may only sell their products to wholesalers approved by the State of West Virginia, who in turn may then sell their products to retailers, who may then sell the product to consumers." Three-tier actually shields producers from blame.
ALCOHOL PROTECTED BY 'COMMON KNOWLEDGE'. The fact that consuming alcohol by minors is illegal and risky is 'common knowledge', and that fact protects consumers. Writes Keeley: "The Bertoviches cannot overcome the fact that it is common knowledge that the consumption of alcohol is both illegal and dangerous for underage persons.”
“Although the Bertoviches have pointed to various marketing practices that may be distasteful and irresponsible, no laws currently prohibit alcohol manufacturers from advertising their products in this way."
WSD subscribers can access the entire dismissal here
Judge Irene Keeley said in her 35 page opinion that parents can't blame alcohol producers when their underage children violate the law and purchase alcohol. Lisa Joley, vp and general counsel at Anheuser-Busch, put it best, saying the Bertoviches' suit would create "a perverse form of a frequent illegal drinkers' reward program in which the more an underage adult or adolescent drank, the more his parent would be paid."
THREE TIER PROTECTS PRODUCERS. Interestingly, Judge Keeley wrote that West
Virginia's three-tier system in West Virginia means that "defendants aren't able to sell their products directly to individual consumers. They may only sell their products to wholesalers approved by the State of West Virginia, who in turn may then sell their products to retailers, who may then sell the product to consumers." Three-tier actually shields producers from blame.
ALCOHOL PROTECTED BY 'COMMON KNOWLEDGE'. The fact that consuming alcohol by minors is illegal and risky is 'common knowledge', and that fact protects consumers. Writes Keeley: "The Bertoviches cannot overcome the fact that it is common knowledge that the consumption of alcohol is both illegal and dangerous for underage persons.”
“Although the Bertoviches have pointed to various marketing practices that may be distasteful and irresponsible, no laws currently prohibit alcohol manufacturers from advertising their products in this way."
WSD subscribers can access the entire dismissal here
posted at 2:47 PM
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