Urban Zakapa's Park Yongin, today (29th) first appeal trial in butter beer lawsuit

*This content was translated by AI.

Park Yongin, a member of the mixed-gender group Urban Zakapa, will appear in court for the first appeal trial after being prosecuted and sentenced to a suspended prison term due to controversy over "butter-free butter beer."

The Seoul Eastern District Court's 3rd Criminal Division (Appeal) will hold the first appeal trial for Park Yongin's alleged violation of the Food Labeling and Advertising Act on the 29th.

Previously, the Seoul Eastern District Court's Criminal Division 12 (single judge) sentenced Park Yongin to eight months in prison with a two-year probation on February 18. Additionally, the court imposed a fine of 10 million won on Virtual Company, which was responsible for Park YonginLee (CEO).

However, the Prosecution Service filed an appeal against the first-instance judgment on February 24, transferring the case to the second instance.

Virtual Company is known as the licensing planning company that planned and advertised beer called "Beurre" (BEURRE·butter) as "butter beer." According to the Prosecution Service, Virtual Company and others are suspected of selling beer at convenience stores and other locations from May 2022 to January last year without using butter as an ingredient while advertising it as if butter had been used.

Virtual Company was found to have promoted the product as "butter beer," "BUTTER BEER," and "butter base" through social media and promotional posters.

In response, the Seoul Regional Ministry of Food and Drug Safety reported Virtual Company, liquor manufacturer Bruuguru, and distributor GS Retail to the police in March 2023. The Ministry of Food and Drug Safety determined that using the French word "Beurre," which means butter, in the product name while not adding butter to the beer constituted false and exaggerated advertising.

Regarding this matter, Park Yongin explained in a lengthy post: "We planned the beer with the goal of providing consumers with a new sensory experience. Based on this plan, we developed a beer with a smooth and rich flavor, and during the process, many people described it as having a butter-like smoothness." He added, "We introduced that this beer offers a smooth flavor similar to butter. This was an expression intended to highlight the product's characteristics, similar to how beverages such as liquor and coffee are described as having flavors of flowers, fruits, chocolate, nuts, or wood even when those ingredients are not actually included."

He continued, "Fortunately, our beer was quickly chosen by consumers and came to be called 'butter beer,' which sparked some controversy over this expression. Our beer is intended solely for adult consumers, and we accurately labeled the ingredients in accordance with relevant laws. Nevertheless, in accordance with the guidance of our institutional investors, we immediately changed the advertising copy referring to 'butter beer' to avoid unnecessary misunderstanding and further controversy, and we also added butter to all subsequently produced products." He emphasized, "However, the Prosecution Service took a different view of our position and sought a trial in court. In the upcoming trial process, we will diligently explain that we had no intention to mislead consumers and will make necessary improvements where needed."

Park Yongin also added, "Once again, we sincerely apologize to the many who have supported our Virtual Company. Going forward, we will do our utmost to ensure consumer satisfaction."

At the time, the first-instance court stated, "It appears that Park Yongin was inspired by the butter beer featured in the novel 'Harry Potter.' Universal Studios sells actual beverages containing butter, and consumers seem to share and enjoy butter beer recipes out of curiosity. Considering Park Yongin's popularity and fame, there is a possibility that consumers might mistakenly believe the beer contains butter after seeing the advertisement." The court also noted, "The CEO of Bruuguru, the manufacturer that produced and supplied the beer, submitted a letter requesting severe punishment to the Prosecution Service and testified that 'it is physically impossible to add butter to beer and that the terms 'butter beer' and 'butter beer' cannot be used.'" In this regard, the Ministry of Food and Drug Safety had notified Bruuguru of an administrative penalty to suspend beer production for one month in March 2023.

The court further stated, "Consumers perceive it as butter beer, and the butter beer in Harry Potter actually contains butter. Park Yongin should have been fully aware that there was a problem because the product did not contain butter, indicating significant intent." The court concluded, "This violated the order of fair trade, and after being prosecuted, the company released a false statement on January 3, 2024, claiming that butter was added to the product to avoid further controversy. This statement was disseminated to the public through media reports. The attitude was poor."

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*This content was translated by AI.