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Practice Tip: Constitutional Standing, Numerosity, and the Beer Drinker's Burden

By Andrew Tuck

In 1861, a Hessian named Adolphus Busch, who came to St. Louis, MO in 1857, married Lilly Eberhard Anheuser, the daughter of a local brewer. In the Old Country, Busch's family ran a winery and brewery supply business, and after service in the U.S. Army during the Civil War, Busch began his own brewer's supply store in St. Louis. Eventually, he purchased part of the Anheuser family brewery and, in 1880, renamed the operation the Anheuser-Busch Company ' main product: Budweiser beer.

Busch developed Budweiser after visiting Bohemia with his compatriot Carl Conrad, a liquor importer. The pair were purportedly inspired by the pale lagers brewed since 1245 in the town of Budweis, and sought to market their beer as a lighter alternative in an American beer market dominated by darker brew. Now, almost 150 years after Busch's creation (and more than 750 years after brewing began in Budweis), lawyers claim that the company, now called Anheuser-Busch InBev (AB InBev), has taken the inspiration for paleness too far ' accusing the company of “watering down” its beer.

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