The prosecution has sought a one-year prison sentence in the appellate trial against Park Yong-in, a member of the co-ed group Urban Zakapa, for charges related to a butter beer advertisement.
On the 29th, the 3rd Criminal Division (Appellate) of the Seoul Eastern District Court held the first appellate hearing for Park Yong-in on charges of violating the Food Labeling and Advertising Act.
During the hearing, the prosecution formally requested a one-year prison term for Park Yong-in.
Appearing in court wearing a gray suit, Park Yong-in stated his position on the charges, acknowledging the factual circumstances but asserting that there was no possibility of malfeasance or intent.
Previously, on February 18, the Seoul Eastern District Court Criminal Division 12 Single Judge sentenced Park Yong-in to eight months in prison, suspended for two years. Additionally, Virtue Company, where Park Yong-in serves as CEO, was fined 10 million won.
However, the prosecution subsequently filed an appeal on February 24, challenging the first-instance ruling, thus moving the case to the appellate court.
According to the prosecution, Virtue Company, led by Park Yong-in, is accused of selling beer in convenience stores and other outlets from May 2022 to January last year, advertising it as if butter was used as a raw ingredient, despite its absence. Virtue Company is known as the licensing agency that planned and advertised the “Beurre (BUTTER) beer,” widely referred to as butter beer.
Investigations revealed that Virtue Company promoted the product as ‘Butter Beer,’ ‘BUTTER BEER,’ and ‘Butter Base’ through social media and promotional posters.
In response, the Seoul Regional Food and Drug Safety Office (MFDS) filed a complaint with the police in March 2023 against Virtue Company, the alcoholic beverage manufacturer Brugguru, and the distributor GS Retail. The MFDS viewed the use of ‘Beurre’ (meaning butter in French) in the product name as false and exaggerated advertising, given that no actual butter was included in the beer.
In a lengthy statement regarding the matter, Park Yong-in clarified, stating, “We planned this beer with the goal of offering consumers a new sensory experience. In line with this vision, we developed a beer with a smooth, rich flavor, and during the process, many people described its taste as being ‘smooth like butter.’ We introduced this beer as one where you can ‘experience a smooth, butter-like flavor.’ This was intended to emphasize the product’s characteristics, similar to how connoisseur beverages like alcohol or coffee are described as having notes of flowers, fruits, chocolate, nuts, or wood, even if those ingredients are not physically present.”
He continued, “Thankfully, our beer quickly became a popular choice among consumers and came to be known as ‘butter beer,’ which subsequently sparked some controversy regarding the terminology. This beer is exclusively targeted at adult consumers, and its ingredients were accurately listed in accordance with relevant laws. Nevertheless, following guidance from regulatory authorities, we immediately changed the ‘butter beer’ advertisement copy to avoid unnecessary misunderstandings and further debate. Furthermore, we also added butter to all products manufactured thereafter. However, the prosecution disagreed with our stance and sought a trial. We will diligently participate in the upcoming legal proceedings to thoroughly explain that there was no intention to mislead consumers and to address any shortcomings.”
Park Yong-in added, “Once again, I extend my deepest apologies to the many who have cherished Virtue Company for causing concern. We will continue to exert our utmost efforts for consumer satisfaction.”
At the time, the first-instance court stated, “Park Yong-in appears to have planned the product inspired by the ‘butter beer’ featured in the ‘Harry Potter’ novels. At Universal Studios, beverages containing actual butter are sold, and consumers also share and enjoy recipes for butter beer out of curiosity. Considering Park Yong-in’s recognition and fame, there is a possibility that consumers could be misled by the advertisement into believing actual butter was included.” The court further noted, “The CEO of Brugguru, the manufacturer that produced and supplied the beer, also submitted a petition to the prosecution requesting strict punishment and testified that ‘it is physically impossible to add butter to beer, and we informed them that the terms ‘butter beer’ and ‘BUTTER BEER’ could not be used.'” In connection with this, the Ministry of Food and Drug Safety (MFDS) had notified Brugguru of a one-month suspension of beer manufacturing in March 2023.
The court continued, “Consumers perceive it as butter beer, and ‘Harry Potter’s beer’ actually contains butter. Park Yong-in could have sufficiently recognized that there was potential for an issue given that the product did not contain butter, indicating significant intent.” The court concluded, “This action harmed fair trade practices, and furthermore, on January 3, 2024, after the indictment, a false statement was released asserting that butter was added to the product to avoid further controversy. This content was subsequently disseminated to the public through media reports. The defendant’s attitude is unsatisfactory.”
