"Sorry for the worry": Park Yong-in avoids prison sentence.. Butter beer ad controversy suspended for 2 years [Comprehensive]

*This content was translated by AI.

Urban Zakapa member Park Yong-in received a suspended sentence in the second trial regarding the controversy over exaggerated advertising of butter beer.

The Seoul Eastern District Court's 3rd Criminal Division (Appeal) (Da) held a sentencing hearing for Park Yong-in's appeal on the charge of violating the Food Labeling and Advertising Act on the 25th, ruling to "dismiss the prosecution's appeal" and upholding the first-instance sentence of eight months in prison with a two-year probation.

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 virtual company responsible for Park Yong-inLee (CEO) was fined 10 million won. However, the Prosecution Service filed an appeal against the first-instance judgment on February 24, sending the case to the second trial.

In the second trial, the Prosecution Service requested that Park Yong-in's sentence be revoked and a penalty of one year in prison be imposed, matching the original prosecution's demand. The Prosecution Service stated, "The defendant engaged in false and exaggerated advertising to numerous consumers, generating profits amounting to billions of won. The first-instance sentence is excessive."

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 the licensing planning company that planned and advertised the beer called BEURRE (butter), referred to as butter beer.

It was investigated 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 Buruguru, 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, Park Yong-in explained in a lengthy post, "We planned the beer with the goal of providing consumers with a new sensory experience. In line with this plan, we developed a product with a smooth and rich flavor in the beer, and during the 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 favorite 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 also added butter to all products produced thereafter." He emphasized, "However, the Prosecution Service disagreed with our position and sought 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. We will continue to do our best to satisfy consumers in the future."

At the time, the first-instance court stated, "It appears that Park Yong-in was inspired by the butter beer from the novel 'Harry Potter' to plan 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 may mistakenly believe butter was included when viewing the advertisement." The court also noted, "The representative of Buruguru, the manufacturer that produced and supplied the beer, submitted a letter of request for severe punishment to the Prosecution Service and testified that '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 Buruguru of an administrative penalty of one-month suspension of beer manufacturing in March 2023.

The court further stated, "Consumers perceive it as butter beer, and the butter beer in Harry Potter actually contains butter. Park Yong-in could have fully recognized that there was a problem because the product did not contain butter, indicating significant intent." The court added, "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 was poor."

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*This content was translated by AI.