A Handmade Dismissal For Maker's Mark

A recent decision from the Southern District of California demonstrates the uphill battle consumer lawsuits face when challenging "handmade" or "handcrafted" labels on alcoholic beverages. On July 27, 2015, in Nowrouzi et al. v. Maker's Mark Distillery Inc., Case No. 3:14-cv-02885, U.S. District Judge John A. Houston granted Maker's Mark's motion to dismiss plaintiffs' four causes of action challenging the "handmade" label on its whisky: (1) false advertising; (2) unfair competition; (3) negligent misrepresentation; and (4) intentional misrepresentation.

Plaintiffs' claims were premised on the argument that Maker's Mark's "handmade" label was deceptive because the company's whisky-making process "involves little to no human supervision, assistance, or involvement" and because its website demonstrates that the company uses a "mechanized and/or automated production process." In dismissing plaintiffs' claims, the court relied on two recent decisions addressing similar