McDermott: Alcohol Suppliers Hit with ADA Website Accessibility Lawsuits
McDermott Will & Emery’s Alva Mather and Jeremy White cautioned beverage alcohol suppliers that they may be “in legal crosshairs” due to an “uptick in website accessibility cases,” according to a recent blog post. Mather and White wrote that plaintiff firms are issuing “pre-suit demand letters to alcohol suppliers and, in some cases, even filing a state or federal court lawsuit.”
“These lawsuits—which are typically filed in California or New York—involve claims that a supplier’s website is not accessible to individuals who are blind in violation of Title III of the Americans with Disabilities Act (ADA) and related state laws,” they wrote. “In these cases, plaintiffs seek attorneys’ fees, damages (only under state law) and injunctive relief that would require the website to conform with the Web Content Accessibility Guidelines (WCAG) standards, which have been broadly adopted by courts and regulators.”
In order for a website accessibility claim to prevail, the plaintiff must show that “a defendant is a private entity that owns, leases or operates a ‘place of public accommodation,’” Mather and White wrote. “Courts, however, are split on what it means for a website to be considered a place of public accommodation under Title III of the ADA.”
They note that while some jurisdictions require “a physical nexus” between a website and brick-and-mortar store, others have allowed cases to proceed against website-only companies that do not own or operate a physical retail store.
Buffalo Bill’s Closes After Nearly 40 Years
Bay Area brewpub Buffalo Bill’s has closed after nearly 40 years in business, according to a post on the brewpub’s social media profiles.
Geoff Harries, who took a job at the pub in 1987 and bought the brewery for $92,000 from founder Bill Owens in 1994, wrote about the business’ ups and downs.
“Buffalo Bill’s grew from three employees to 80, from 25 customers/day to 800, from renting to owning, from 1,800 sq. ft. to 12,000 sq. ft., expanding from beer to spirits, and distribution to 46 states and back down again,” Harries wrote. “I came close to bankruptcy several times, digging out with credit cards, refinancing my home and risking everything. But, I always found a way out and a way back on the path to success and preserving this very special place.”
Harries wrote that Buffalo Bill’s “is officially closed until the next passing of the mash paddle of this historic and special place.”
“May this wonderful space once again be filled with new energy, love, and spirit!” he added.
E. & J. Gallo Strikes NFL Sponsorship Deal
The NFL announced a “multi-brand, multi-year agreement” with E. & J. Gallo as the “official wine sponsor of the NFL,” the league announced Wednesday. The deal includes “opportunities for local team activation, player imagery and appearances, on-site presence at premiere events, and broadcast, digital, and social content from NFL Kickoff through the Super Bowl.”
Barefoot will be the first Gallo brand attached to the NFL. However, High Noon Sun Sips is not included in the partnership.
Anheuser-Busch had long dominated alcoholic beverage sponsorships with the NFL, but that has been chipped away after the world’s largest beer manufacturer lost rights to the league outside of beer and hard seltzer at the end of last year.
Diageo is the official spirits sponsor of the NFL.
Look for the partnership with Gallo to kick off in August.
Mexican Imports Drive Total Imports +3.7% in April 2022
Mexican imports drove “nearly all growth” in April 2022, as total imports grew +3.7% compared to April 2021, according to the Beer Institute (BI), citing U.S. Department of Commerce and Census Bureau data released this week.
Total imports hit 3,552,406 barrels in April, with Mexican imports increasing +10.6%, to more than 2.8 million barrels. Year-to-date, Mexican imports are up +18.6%, to more than 10 million barrels.
“Recall that growth rates for February and March were up double digits, but we were comparing to easy comps for those months,” Danelle Kosmal, the BI’s VP of research, wrote in an update to the trade group’s membership. “Contrary to those trends, we have tougher comps from April 2021 (imports in April 2021 were up 27% compared to April 2020, when pandemic-driven restrictions limited operations in Mexico). Considering those tough comps, growth of 3.7% is promising, with Mexican imported brands continuing as a key growth driver for the category.”
Through the first four months of 2022, imports crossed the 13 million barrel threshold, compared to a little more than 12 million barrels at the same point in 2021.
Domestic tax paid shipment declined -5.9% in April 2022. Year-to-date through April, U.S. brewers have shipped 52.3 million barrels, a -3.6% decline compared to the same time in 2021 when brewers shipped 54.225 million barrels (-1.925 million barrels).
Utah Begins Purge of Certain Hard Seltzers From Grocery & C-Stores
A new law in Utah requiring hard seltzers containing trace amounts of ethyl alcohol to be sold in its 41 state-run stores went into effect June 1. The law will require those products — including some hard seltzers from Boston Beer’s Truly, Molson Coors’ Vizzy, Anheuser-Busch’s Bud Light Seltzer and Bon & Viv — will require those products to be pulled from grocery and convenience stores.
Those stores will have until the fall to sell through inventories, according to Axios Salt Lake City.
Puerto Rico Wholesaler Sues A-B for $10 Million Over Termination
Fernández & Hnos is suing Anheuser-Busch for $10 million over the termination of its distribution agreement at military bases in Puerto Rico, according to News is My Business.
Fernández signed an agreement with A-B in August 2018 to sell the brewer’s products on Puerto Rico’s military bases through March 2020, with an option to extend through March 2021. A-B didn’t extend the deal, but B. Fernández continued its services, NIMB reported. In May 2022, the two sides met and A-B said it planned to terminate and service the installations with its own people.
Fernández argues A-B lacks “just cause” in its termination.
A-B Puts Bud Light Creative Biz Up for Review
Anheuser-Busch InBev has put up its Bud Light creative account for review after seven years with Wieden+Kennedy, according to AdAge and AdWeek.
Wieden+Kennedy, which produced campaigns such as Dilly Dilly and the Bud Light Kingdom, won’t take part in the review for the Bud Light portfolio of brands, such as Bud Light, Bud Light Seltzer and Next. The review is expected to close by the fall.
Wieden+Kennedy will continue to work on Budweiser, Michelob Ultra, NUTRL, the overall Anheuser-Busch brand, and Corona outside of the U.S., according to AdAge.
Citing Kantar, AdAge reported that A-B spent $127 million on U.S. measured media for Bud Light last year, a -2.4% decline.
In May, Andy Goeler, VP of marketing for Bud Light, announced plans to retire at the end of the year.
New Belgium’s Fruit Smash and White Claw Launch New Ads
New hard seltzer ads are hitting just in time for the summer selling season. New Belgium launched a new campaign for its Fruit Smash Super Hard Seltzer (8%) that features a disembodied head leading a techno party in an ad titled “Party Juice.”
Meanwhile, White Claw has launched a campaign behind its Refrshr lemonade seltzer line.