---
title: False Advertising Class Action Says Maker’s Mark Whisky is Not “Handmade”
date: 2014-12-15T09:53:07-05:00
author: Import Bot
canonical_url: "https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/false-advertising-class-action-says-makers-mark-whisky-is-not-handmade"
section: Blog Posts
---
# False Advertising Class Action Says Maker’s Mark Whisky is Not ​“Handmade”

  December 15, 2014

 

 

 

 

 

 

Two purchasers of Maker’s Mark whisky have sued the company, accusing it of falsely advertising the whisky as ​“handmade”. [The lawsuit](http://www.usatoday.com/story/money/business/2014/12/09/lawsuit-accuses-makers-mark-of-false-advertising/20168759/), filed as a putative statewide class action in California, alleges that Maker’s Mark ​“promotes its whisky as being ​‘Handmade’ when in fact Defendant’s whisky is manufactured using mechanized and/or automated processes, which involves little to no human supervision, assistance or involvement.” The complaint alleges that because consumers generally associate the term ​“handmade” ​“with higher quality manufacturing and high-end products” and because ​“manufacturers charge a premium” for those products, consumers who purchased Maker’s Mark whisky were misled to believe that the whisky was of superior quality and overpaid for the product as a result. The plaintiffs bolster their allegation that the manufacturing process is mechanized with photos and images from two YouTube videos of the Maker’s Mark [distillery](https://www.youtube.com/watch?v=TkAtdtewjb0) and [factory](https://www.youtube.com/watch?v=22PrqoJb3rM). The class action includes anyone who purchased the product in the last four years and seeks at least $5 million in damages.

This is one of several false advertising lawsuits filed in the last two years against the food and beverage industry, which reflects a trend toward scrutiny of companies for claims about how their products are made. Just this year alone, a number of similar lawsuits to the one against Maker’s Mark were filed. For example, Tito’s Handmade Vodka was [sued for false advertising](http://www.denverpost.com/business/ci_26614928/most-liquor-made-factories-no-matter-label) based on its claim of ​“handmade”. Interestingly, the plaintiff in that case cited a *Forbes* article to describe the manufacturing process as mechanized. Additionally, [Templeton Rye was sued](http://www.usatoday.com/story/money/business/2014/09/24/templeton-rye-lawsuit/16177909/) in September for advertising its whiskey as ​“craft” or ​“small-batch”.

Alcohol products are not the only targets of these lawsuits. Two years ago, [Dunkin’ Donuts was hit](http://www.forbes.com/sites/nadiaarumugam/2012/04/24/new-york-bakery-takes-legal-action-against-dunkin-donuts-fake-artisan-bagels/) with false advertising complaints filed with the FTC, New York Attorney General, and the Better Business Bureau based on its claims that its bagels are ​“artisan”.

Companies making claims about their products’ craftsmanship and manufacturing should be prepared to substantiate and defend those claims, especially if the claims earn them a price premium.

 

 **Tags:** [Handmade Claims](https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/tags/handmade-claims)

 

 - Share this entry 
    - 
    - 
    - 
    -
- [  View entry pdf ](https://s3.amazonaws.com/cdn.kelleydrye.com/content/uploads/pdf-snapshots/false-advertising-class-action-says-makers-mark-whisky-is-not-handmade-20251008115039.pdf)
 
 

### Search Blog

  

### Subscribe

  

### Explore Topics

- [Class Actions](https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/class-actions)
 
 

### Related Services

- [Advertising and Marketing](https://www.kelleydrye.com/practices/advertising-and-marketing)