Suzie’s Seltzer Wins Court Ruling over Mich ULTRA Hard Seltzer

Judge issues temporary restraining order for Anheuser-Busch to quit using deceptive ads, after Suzie’s Seltzer, the organic hard seltzer from Pendleton, Oregon, sued in federal court.

Tuesday was a big day for Suzie’s Brewery of Pendleton, Oregon. The maker of Suzie’s Organic Hard Seltzer had sued Anheuser-Busch in US District Court after seeing a TV commercial for Michelob ULTRA hard seltzer, in which the Anheuser-Busch (NYSE: BUD) brand claimed to be the “first national USDA certified organic hard seltzer.”

Is Mich ULTRA “national” or “nationally distributed” hard seltzer?

Suzie’s Brewery founder, Chris Barhyte, pointed out that his hard seltzer was being distributed at least five months prior to the release of Mich ULTRA’s version of the organic spiked beverage. The judge agreed.

In fact, Hard Seltzer News held Suzie’s brand as an example of healthy hard seltzer in feature story, “Healthy Diets Thirsty for Hard Seltzer,” on August 21, 2020. This service later reported the launch of Mich ULTRA hard seltzer on January 21, 2020, and reported their claim in quotation marks as “the first-ever national USDA certified organic hard seltzer.”

“We’re not playing around.”

The Federal judge said it’s ok for Anheuser-Busch to make claims such as the first USDA certified organic hard seltzer that’s “distributed nationally,” but that’s not the same as saying it’s the first “national USDA certified organic hard seltzer.” Suzie’s is currently available in only six (6) states, but that could change now.

Suzie’s Seltzer actually received national certification of USDA organic ingredients on June 1 and began distributing in July of 2020. Attorneys for the plaintiff didn’t dispute that Suzie’s is not distributed nationally, but wanted to point out that “the way that they are advertising this is false,” when referring to Anheuser-Busch.

ULTRA hard seltzer was advertised as “the only national USDA Certified Organic Hard Seltzer. We’re not playing around.”

In a brief moment of levity, US District Judge Michael H. Simon said, “I have no idea what is a national seltzer.” He continued, “I know what a delicious seltzer is. I know what a hard seltzer is.”

Suzie’s is delicious, and has national certification

Suzie’s hard seltzer is not only organic, but also gluten-free and sugar-free. It contains 5% ABV and each can is 100 calories. Each flavor is brewed with organic alcohol fermented from organic cane sugar and organic-sourced natural flavors.

Flavors include VeryBerry, CitrusFlip, KiwiMango, Peachy, and Naked, a purist’s unflavored hard seltzer.

Through the Eden Reforestation Project, Suzie’s Hard Seltzer will plant a tree for every 12 cans sold.

Let’s just hope that Mother Nature doesn’t sue to stop Suzie’s claim as the “Official hard seltzer of mother nature.”