By Joe Yeoman
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This Note explores the recent complaint filed against Kona Brewing Co., and the Note argues that the case should not be dismissed on a failure to state a claim. The consumers in the complaint allege that Kona. misrepresented where Kona’s beer is brewed. The complaint alleges that Kona markets that their beer is brewed on the Hawaiian Islands, when it is in fact brewed on the continental United States. The marketing of the beer as a Hawaiian beer remains an important component in the brand’s growth. This Note examines comparable case law that will help the District Court with the complaint. Additionally, this Note proposes how the District Court should rule on Kona’s Motion to Dismiss.