Kona Beer Maker Won’t Get Immediate Appeal of Class Certification

Kona Brewing Co. and its owner, the Craft Brew Alliance Inc., can’t immediately appeal a decision certifying classes of California consumers who allege they were tricked into thinking Kona beers are made in Hawaii.

A split panel of the U.S. Court of Appeals for the Ninth Circuit Feb. 1 denied Kona’s request.

Dissenting Judge Ronald M. Gould said certification may cause Craft Brew Alliance “unduly to feel pressed to reach a settlement without regard to merits because of the size of the California market for beer.” Additionally, the company raised important unsettled legal questions, he said.

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