Stateside Brands will drop a lawsuit filed last year that claimed Anheuser Busch's Skimmers hard iced tea ripped off the packaging design of the vodka maker's fast-growing Surfside brand.
A federal judge granted a motion to dismiss the case with prejudice on Monday. The order dismisses all claims against Anheuser-Busch, with each party set to bear their own costs and attorneys fees. All rights of appeal have been waived.
Stateside’s original complaint took issue with similarities between Skimmers and Surfside — both are iced tea-based, ready-to-drink cocktails with brightly colored, striped cans and a sun logo. Stateside originally claimed that Skimmers was looking to get a “freeride” on Surfside’s popularity.
At the time of the complaint, intellectual property attorney Josh Gerben said the case would face hurdles because Stateside didn’t own federal trademark registration for the can design.
Surfside was launched in 2022 and in the years since has expanded its flavor varieties to keep up with surges in demand for RTDs and increased market competition. Parent company Stateside launched Super Lyte, a combination of vodka and ingredients found in sports drinks, in March.
Skimmers, meanwhile, launched in 2025, and is part of Anheuser-Busch’s expanding ready-to-drink portfolio, which is largely anchored by Cutwater and the newly acquired BeatBox.
Both Skimmers and Surfside stand out in the category as noncarbonated options with a variety of flavors.
Legacy alcohol companies are increasingly turning to ready-to-drink cocktails as spirits and beer face declines. Canned cocktails have seen volumes rise 3% in 2025 while all other major categories declined, according to IWSR data.
