Peacock

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 BRENDAN PEACOCK, No. 2:18-cv-00568 DJC CKD Plaintiff, v. ORDER PABST BREWING CO., LLC, Defendants. 16 Plaintiff Brendan Peacock brought this action alleging that Defendant misled Plaintiff and others by marketing and selling “The Original Olympia Beer” as using naturally filtered, artisan water from Tumwater, Washington (a suburb of Olympia, Washington) despite the product being brewed elsewhere in the country using lower quality water and brewing methods. Defendant now brings a motion for summary judgment arguing that Plaintiff has failed to present evidence that Defendant’s marketing of the product was likely to deceive a reasonable consumer, Defendant has brought evidence that the product’s label was, in fact, not likely to deceive a reasonable consumer, and Plaintiff has not provided evidence to support restitution damages. For the reasons stated below, the Court grants Defendant’s motion for summary…