SAN DIEGO - An aluminum can manufacturer and an alcoholic cider producer are locked in a civil battle in the San Diego federal court, resulting in charges of trade libel, commercial disparagement and breach of contract.
According to documents filed on Feb. 19, Ardagh Metal Beverage USA Inc. of Chicago manufacturers aluminum beverage cans and Common Cider Company produces hard cider in Auburn Calif. Common began purchasing Ardagh's cans in 2018; the suit says that, since before the purchasing date, the defendant has struggled with complaints of "an off smell" to their cider products.
Despite these complaints occurring before the use of Ardagh's cans, Common allegedly tried to pin the smell on the plaintiff. The beverage producer recalled products that had the offending smell and blamed the issue on wrong can liners being used by the plaintiff, stating this blame to a major national retailer and distributors, the suit says.
However, the defendant never told Ardagh what type of can liner to use, the suit says. The plaintiff says that Common did not provide any agreements or specifications of what they wanted Ardagh to use in writing.
After these occurrences, Common ordered 300,000 cans from Ardagh with their custom labels and failed to pick up or pay for the order.
Ardagh is suing for one Matthew Mock of Schiff Hardin LLP of Newport Beach.