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ARTICLE · 24 OCTOBER 2023

Avoiding "False Advertising" And "Genuineness Of Product" Class Action Litigation

Carr Maloney P.C.
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What makes champagne "champagne"? According to the Comité Interprofessionnel du Vin de Champagne (CIVC), only bubbly wine made through traditional methods and grapes from the Champagne region of France.

United StatesMedia, Telecoms, IT, Entertainment
Stuart Davis
Stuart Davis

What makes champagne "champagne"? According to the Comité Interprofessionnel du Vin de Champagne (CIVC), only bubbly wine made through traditional methods and grapes from the Champagne region of France. The United States agreed to this definition in a 2006 trade agreement. Not just wine makers must think twice before affixing the word "champagne" to their product. The CIVC even threatened litigation against Apple for using "champagne" as a color name for the iPhone.

Businesses in the United States increasingly face copy-cat litigation emulating the arguments employed by the CIVC. For example, coffee growers in the Hawaii Kona region filed a class action against businesses marketing and selling "Kona" coffee but contained little or no coffee produced in the Kona region. The Complaint originally named large retailers such as Costco, Walmart, Safeway, and Amazon, among others.

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