UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
Form 8-K
Current Report
Pursuant to Section 13 or 15(d) of The Securities Exchange Act of 1934
Date of Report (Date of
earliest event reported): November 26, 2003
Brown-Forman Corporation
(Exact name of registrant as specified in its charter)
Delaware 1-123 61-0143150
(State or other (Commission (I.R.S. Employer
jurisdiction of File Number) Identification No.)
incorporation)
850 Dixie Highway, Louisville, Kentucky 40210
(Address of principal executive offices) (Zip Code)
Registrant's telephone number, including area code (502) 585-1100
Item 5. Other Events
On November 26, 2003, Brown-Forman Corporation issued a press release about a
lawsuit filed against several beer, spirits, and wine companies, including
Brown-Forman Corporation. A copy of Brown-Forman Corporation's press release of
November 26, 2003 is attached hereto as Exhibit 99.1 and is incorporated herein
by reference.
Item 7. Financial Statements and Exhibits
(a) Not applicable.
(b) Not applicable.
(c) Exhibits.
99.1 Press Release, dated November 26, 2003
SIGNATURES
Pursuant to the requirements of the Securities Exchange Act of 1934, the
registrant has duly caused this report to be signed on its behalf by the
undersigned hereunto duly authorized.
Brown-Forman Corporation
(Registrant)
Date: November 26, 2003 By: /s/ Nelea A. Absher
Nelea A. Absher
Vice President, Senior Counsel
& Assistant Corporate Secretary
Exhibit 99.1
FOR IMMEDIATE RELEASE
SUIT AGAINST BEER, WINE AND SPIRITS INDUSTRY INCLUDES BROWN-FORMAN
Louisville, KY, November 26, 2003 - A Washington D.C. plastic surgeon has filed
a class action lawsuit against several beer, spirits, and wine marketers
alleging deceptive marketing practices targeted at underage consumers. Named as
defendants in the suit are the Beer Institute, Heineken, Coors Brewing Company,
Diageo PLC, Bacardi, Mike's Hard Lemonade Company, Kobrand Corporation, as well
as Brown-Forman. One of the law firms filing the suit is Boies, Schiller &
Flexner, L.L.P., of which David Boies is a partner.
The plaintiff seeks to represent all parents whose funds were used without their
prior knowledge for the illegal purchase of beverage alcohol by their underage
children. It seeks disgorgement of revenues allegedly earned by sales to minors.
The only act cited in the court filing the company received late yesterday
involving Brown-Forman is an advertisement in Glamour magazine for Fontana
Candida wine. Despite allegations in the complaint that the ad features "a young
looking female" and that Glamour is "disproportionately read by women and girls
under the age of 21," the model in the ad is over 30 and 75% of Glamour's
readership is age 21 and older, according to Mediamark Research Inc.
The plaintiff acknowledges that beverage alcohol is a legal product that is
responsibly and legally enjoyed by millions of Americans. The plaintiff also
says that many manufacturers are good corporate citizens who fairly, legally,
and responsibly market their products to the public, taking appropriate care not
to induce or encourage illegal or dangerous use of their products. Brown-Forman
takes pride in being a leader among that group.
Brown-Forman believes illegal drinking by the underage can lead to serious
problems and for many years has sponsored programs through The Century Council
to combat underage drinking and drunk driving. Brown-Forman understands the need
for beverage alcohol companies to market and sell their products responsibly.
For a number of years the company has adhered to its own strong internal
marketing code, which includes a system of internal advertising review and
compliance. Brown-Forman also adheres to the code of responsible marketing of
the Distilled Spirits Council of the U.S., the liquor industry trade
association.
Brown-Forman believes that most beverage alcohol producers market their products
responsibly in the U.S., and that is certainly the case with Brown-Forman. The
company intends to contest vigorously this case, and will continue to work with
community groups, parents, and others to address the issue of teenage drinking.
Beverage alcohol advertising and marketing has been the subject of two recent
reviews by the U.S. Federal Trade Commission (FTC), in 1999 and 2003. While the
FTC had some suggestions about how manufacturers could improve their marketing
practices, each time it concluded that beverage alcohol manufacturers do not
market to underage consumers and that the industry's system of self-regulation
is effective.
Brown-Forman Corporation is a diversified producer and marketer of fine quality
consumer products, including Jack Daniel's, Southern Comfort, Finlandia Vodka,
Canadian Mist, Fetzer and Bolla Wines, Korbel California Champagnes, Lenox,
Dansk, and Gorham tableware and giftware and Hartmann Luggage.