"Butter Beer" Exaggerated Advertising Generated Tens of Billions in Revenue: Prosecution Seeks 1-Year Prison Term for Park Yong-in in Second-Trial Appeal [Comprehensive]

*This content was translated by AI.

While mixed-gender group Urban Zakapa member Park Yong-in bowed his head again regarding the controversy over exaggerated advertising for "Butter Beer," the Prosecution Service has requested a one-year prison sentence.

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

On this day, the Prosecution Service requested a one-year prison term for Park Yong-in, stating, "We ask that the original verdict be overturned and a sentence identical to the prosecution's request in the first trial be imposed." The Prosecution Service added, "The defendant engaged in false and exaggerated advertising toward numerous consumers, generating profits amounting to tens of billions of won. The first-trial sentence was excessive."

Dressed in a gray suit, Park Yong-in appeared in court and stated his position regarding the charges: "I acknowledge the facts, but there was no possibility of breach of trust, nor was there intent."

Park Yong-in then briefly stated in his final remarks, "I am sorry for causing trouble."

The court has scheduled the sentencing date for June 26.

Previously, the Seoul Eastern District Court's Criminal Division 12 (Sole Judge) sentenced Park Yong-in to eight months in prison with a two-year probation on February 18. Additionally, the court fined the virtual company responsible for Park Yong-inLee (CEO) 10 million won. However, the Prosecution Service filed an appeal against the first-trial verdict on February 24, sending the case to the second trial.

According to the Prosecution Service, the virtual company responsible for Park Yong-inLee (CEO) and others are suspected of selling beer in convenience stores and other locations from May 2022 to January last year without using butter as an ingredient, yet advertising it as if butter were used. The virtual company is known as a licensing planning company that planned and advertised a beer called "BEURRE" (Butter), referred to as "Butter Beer."

Investigations revealed that the virtual company 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 the virtual company, liquor manufacturer Bruu Guru, and distributor GS Retail to the police in March 2023. The Ministry of Food and Drug Safety determined that using the French word "Beurre," meaning butter, in the product name while not adding butter to the beer constituted false and exaggerated advertising.

Regarding this matter, Park Yong-in 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 product with a smooth and rich flavor in the beer, and during this process, many people described it as having a butter-like smooth flavor." 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 products in alcoholic beverages, coffee, and other foods are described as having flavors of flowers, fruits, chocolate, nuts, or trees even if those ingredients are not actually included."

He continued, "Fortunately, our beer was chosen by consumers in a short period and came to be called 'Butter Beer,' which sparked some controversy over this expression. This 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 relevant institutional investors, we immediately changed the advertising copy 'Butter Beer' to avoid unnecessary misunderstanding and further controversy, and we also added butter to all products produced thereafter." He emphasized, "However, the Prosecution Service holds a different view of our position and has requested a trial in court. In the upcoming trial process, we will diligently explain that we did not intend to mislead consumers and will make necessary improvements where needed."

Park Yong-in 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-trial court stated, "It appears Park Yong-in was inspired by the Butter Beer from the novel 'Harry Potter' when planning the product. Universal Studios sells actual beverages containing butter, and consumers seem to share and enjoy Butter Beer recipes out of curiosity. Considering Park Yong-in's recognition and fame, there is a possibility that consumers might mistakenly believe butter was actually included when viewing the advertisement." The court further noted, "The CEO of Bruu Guru, the manufacturer that produced and supplied the beer, submitted a letter of request for severe punishment to the Prosecution Service and testified, 'It is physically impossible to add butter to beer, and the expressions "Butter Beer" and "Butter Beer" cannot be used.'" In this regard, the Ministry of Food and Drug Safety had notified Bruu Guru of an administrative penalty to suspend beer manufacturing for one month in March 2023.

The court continued, "Consumers perceive it as Butter Beer, and the beer in Harry Potter actually contains butter. Park Yong-in could have fully recognized that there was a problem because butter was not included in the product, indicating significant intent." The court stated, "This violated the order of fair trade, and after being indicted, the company released a false statement on January 3, 2024, claiming that butter was added to the product to avoid further controversy. This content was disseminated to the public through media reports. The attitude is poor."

<© STARNEWS. All rights reserved. No reproduction or redistribution allowed.>

*This content was translated by AI.