Lawsuits Against the Industry

Parents Sue Booze Seller and Maker in Poisoning of LSU Student

David and Goliath in the Bayou
Parents of former Louisiana State University student Corey Domingue filed a wrongful death suit October 1, 2004 against Winn-Dixie, Bacardi USA and the makers of Castillo Puerto Rican Rum. The suit asserts that Winn-Dixie contributed to the alcohol poisoning death of Tammy and Kirk Domingue's 19-year-old son when it sold him the potent alcohol and failed to adequately warn him of the risks associated with its use.

Although the suit seeks damages and medical expenses resulting from Corey's death, the Domingue family is primarily interested in alerting the public to the deadly toll of underage drinking and the failure of some retailers, distributors and manufacturers to reduce harm by avoiding sales to youth and providing adequate warnings of drinking risks to children and young people-particularly that of acute alcohol poisoning.

"We can't let Winn-Dixie and Bacardi pretend that Corey's death isn't their responsibility," says Tammy Domingue, surviving mother of Corey Domingue. "These businesses profit from underage drinking. They must be held accountable because they do too much to make drinking attractive to young people and too little to warn of its potential for harm."

Like many parents in recovery from addiction, Tammy and Kirk Domingue made a point of telling their son that he was at a higher risk of becoming alcoholic himself. "The alcohol industry is always saying that we should be responsible," says Samantha-Hope Atkins, of Hope Network. "So here are two parents who are being responsible by asking for changes in alcohol industry practices that will protect their remaining children from predictable harm."

Domingue's death from alcohol poisoning is the most devastating symptom of a drinking phenomenon common on college campuses. A recent study showed that high risk drinking-including extreme binges of 24 or more drinks in a row-is at its worst among the youngest college students and at the beginning of the academic year. Intensive marketing to promote drinking bombards young people who live in campus communities. Prevention efforts such as responsible beverage sales and service, reductions in the numbers of outlets that sell alcohol around campuses and police enforcement programs that deter underage sales and drinking can be effective in reducing binge drinking.

The Hakki Suit
Taking a page out of the tobacco control playbook, prevention advocates recently filed two lawsuits against manufacturers of alcohol, one in California and the other in Washington D.C. The D.C. suit, filed November 26, 2003 on behalf of plastic surgeon Ayman Hakki, seeks to recover "unlawful profits" from marketing and advertising alcohol to underage youth. The suit names several alcohol producers including Coors, Heineken, Bacardi and Brown-Forman as well as the Beer Institute, a trade organization.

Casey Goodwin Suit
In California, the family of Casey Goodwin filed suit against Anheuser-Busch and Miller Brewing. Goodwin, a 20 year old prevention activist, was killed last year when an underage driver with a blood alcohol level more than twice the legal limit plowed into her car. The suit alleges that brewers clearly violate California law by promoting and facilitating underage drinking with reckless disregard for human life and the well being of the public.

Update 1/31/05
A California Superior Court judge dismissed the suit stating that regulating advertising is the job of the state Department of Alcoholic Beverages Control, not the courts. He added that the plaintiffs hadn't identified any ads that were factually false nor how they had suffered any harm from the beer ads.