MillerCoors responds to Anheuser-Busch’s claims the corn syrup campaign is about transparency saying that’s “Nonsense.” BONUS: We’ve got the briefs for you.

MillerCoors filed its response to Anheuser-Busch’s Motion to Dismiss and its reply in support of its request for a preliminary injunction yesterday.

As we wrote about before, here, and here, this case is the result of the Bud Light advertising campaign about corn syrup’s use in brewing Coors Light and Miller Lite.

In this latest filing on the request to enjoin Anheuser-Busch from continuing with the corn syrup based advertising campaign, MillerCoors calls Anheuser’s claims about transparency nonsense and continues to argue that the intent of the campaign remains to sow consumer confusion about the presence of corn syrup in the finished beers pointing out that under the Lanham Act, literal truth isn’t a defense:

Whether or not the statements made in the advertisements are literally true, s[ection] 43(a) of the Lanham Act encompasses more than blatant falsehoods. It embraces “innuendo, indirect intimations, and ambiguous suggestions” evidenced by the consuming public’s misapprehension of the hard facts underlying an advertisement.

Vidal Sassoon, Inc. v. Bristol-Myers Co., 661 F.2d 272, 277 (2d Cir. 1981)

The brief in reply goes on to address points allowed in a court order based on MillerCoors request to file a reply. 1) the harm suffered by MillerCoors, 2) criticisms of the MIllerCoors expert, 3) the speed in seeking relief, 4) MillerCoors actions in making comments about corn syrup on its own website preclude recovery.

You can find a link to the full filing below. This should be the last of the briefs on the matter.

MillerCoors also responded to AB’s motion to dismiss (linked below), arguing, again, that literal truth isn’t the standard under the Lanham Act and that the campaign doesn’t amount to fair use. That brief is below as well.


Here is the MillerCoors reply in support of its motion for preliminary injunction.

Here is the MillerCoors response to Anheuser’s motion to dismiss.

Ashley Brandt

Hi there! I’m happy you’re here. My name is Ashley Brandt and I’m an attorney in Chicago representing clients in the Food and Beverage, Advertising, Media, and Real Estate industries. A while back I kept getting calls and questions from industry professionals and attorneys looking for advice and information on a fun and unique area of law that I’m lucky enough to practice in. These calls represented a serious lack of, and need for, some answers, news, and information on the legal aspects of marketing and media. I've got this deep seeded belief that information should be readily available and that the greatest benefit from the information age is open access to knowledge... so ... this blog seemed like the best way to accomplish that. I enjoy being an attorney and it’s given me some amazing opportunities, wonderful experiences, and an appreciation and love for this work. I live in Chicago and work at an exceptional law firm, Goldstein & McClintock, with some truly brilliant people. Feel free to contact me at any time with any issues, comments, concerns… frankly, after reading this far, I hope you take the time to at least let me know what you think about the blog and how I can make it a better resource.

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