Kona Beer Cannot Appeal Class Certification Order on False Advertising Claim

On February 1, 2019, the United States Court of Appeals for the Ninth Circuit denied Craft Brew Alliance Inc.’s petition to appeal an order certifying classes of Kona Beer consumers. Faruqi & Faruqi, as lead counsel, allege on behalf of consumers that Kona Beers’ packaging misleads consumers into believing that the beers are brewed in Hawaii.   In fact, Kona Beer is brewed in the mainland United States.

The Ninth Circuit’s denial follows the District Court’s September 25, 2018, class certification order, in which the Honorable Beth Labson Freeman of the United States District Court for the Northern District certified classes of six and twelve-pack purchasers of Kona Beer seeking damages and injunctive relief.  F&F partners Timothy J. Peter and Ben Heikali head the Kona litigation.