A Louisiana resident filed a lawsuit last month against Heineken USA, alleging that the company has misled consumers in the labeling and marketing of its Heineken 0.0 non-alcoholic beer, as the product contains 0.03% ABV, Louisiana Record reported Tuesday.
In her civil lawsuit filed in the U.S. District Court for the Middle District of Louisiana, plaintiff Kathleen Wilson claimed that Heineken violated several federal and state consumer fraud acts, including the Louisiana Unfair Trade Practices Act (LUTPA) and the Magnuson Moss Warranty Act.
According to the filing, LUPTA requires – in accordance with federal law – that a product’s front label must have a “common or usual name” which identifies or describes “in as simple and direct terms as possible, the basic nature of the food or its characterizing properties or ingredients.”
Wilson alleges that the Heineken 0.0 beer is deceptive, as it misleads consumers into believing that the beverage contains no alcohol, rather than its 0.03% ABV.
“There are consumers who do not wish to ingest even the miniscule amount of alcohol contained in the product,” the filing states. “Consumers should be given that option by being fully informed of the ingredients (i.e. alcohol content) in the product even if [it] contain[s] less than 0.03 alcohol.”
A Heineken spokesperson told Brewbound in an email: “We’re aware of the complaint that was recently filed in Louisiana and are confident in the merits of our case. As this is a matter of the court, we cannot comment or share any further details at this time.”
Heineken USA launched Heneiken 0.0 in 2019 as “an alcohol free malt beverage,” with the brand’s traditional label “turned blue to match the color associated with the alcohol free category globally.”
In its online “about” section for Heineken 0.0, the company states:
“Heineken 0.0 contains an extremely small amount of alcohol, maximum 0.03% ABV (alcohol by volume), [which] means that any entity of Heineken 0.0 contains a maximum of 0,03% alcohol. This is a as comparable or lower level of alcohol vs. other food products such as bread, bakery products and juices, bananas due to the natural fermentation of the ingredients (cereals, fruits). Heineken 0.0’s label and ingredient declaration is in line with local food laws and regulations.”
Additionally, the site clarifies that 0.03% ABV “has no impact on the body and is fully fine in view of driving and pregnancy or alc-intolerant medical treatment.”
Wilson alleges that if the labeling for the beer notified her of the 0.03% ABV, she would not have purchased the product. Her complaint intends to make Heineken “correct the challenged practices to comply with law,” and pay any “monetary damages, statutory and or punitive damages.”
The non-alcoholic beer segment holds a 0.53% share of total beer category dollar sales in U.S. multi-outlet and convenience stores year-to-date through October 31, according to the market research firm IRI. In the same report, Heineken 0.0 was ranked 60 in the top 100 beer brands with more than $36 million in dollar sales year-to-date, with 0.31% share of beer – a +31.4% increase in sales year-over-year.