Reinhart Attorney Uses "Corngate" to Illustrate Truth-in-Advertising Law

Reinhart Attorney Jeunesse Rutledge for the Wisconsin Law Journal's Corporate Counsel edition discussed how literally true ads can still constitute false advertising using the recent legal skirmish between MillerCoors and Anheuser-Busch - also known as "Corngate" - to illustrate her point.

"Beer-ware of What You Say: Can My Literally True Ad Still be False Advertising?" outlines in detail how, despite the fact that MillerCoors does use corn syrup in its brewing process, Anheuser-Busch's claim that Miller beer products contain corn syrup is false advertising. Rutledge used the Lanham Act's prohibition against literally true statements that give off a materially false or misleading impression.

"MillerCoors alleged that Anheuser-Busch misled consumers because it failed to disclose: (1) there is no corn syrup in the finished Miller Lite or Coors Light product; (2) corn syrup and HFCS are different; and (3) Anheuser-Busch uses corn syrup and HFCS in a variety of its products," Rutledge wrote.

Jeunesse Rutledge is an attorney in Reinhart’s Litigation Practice. Her work primarily focuses on advertising, marketing and labeling advising and dispute resolution.