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Commitments and Contingencies
3 Months Ended
Mar. 26, 2022
Commitments and Contingencies Disclosure [Abstract]  
Commitments and Contingencies . Commitments and Contingencies

 

Contractual Obligations

 

As of March 26, 2022, projected cash outflows under non-cancelable contractual obligations are as follows:

 

 

 

Commitments

 

 

 

(in thousands)

 

Ingredients and packaging (excluding hops and malt)

 

$

111,870

 

Brand support

 

 

81,376

 

Hops and malt

 

 

69,374

 

Equipment and machinery

 

 

48,058

 

Other

 

 

17,023

 

Total commitments

 

$

327,701

 

 

The majority of these contract obligations are for the 2022 fiscal year with the remainder extending no later than the 2026 fiscal year.

 

Litigation

 

The Company is and in the future may be party to legal proceedings and claims, including class action claims, where significant damages are asserted against it. Given the inherent uncertainty of litigation, it is possible that the Company could incur liabilities as a consequence of these claims, which may or may not have a material adverse effect on the Company’s financial condition or the results of its operations. The Company accrues loss contingencies if, in the opinion of management and its legal counsel, the risk of loss is probable and able to be estimated. Material pending legal proceedings are discussed below.

 

Securities Litigation. On September 14, 2021, a purported class action lawsuit was filed by an individual shareholder in the United States District Court for the Southern District of New York against the Company and three of its officers. The complaint alleges claims under Sections 10(b) and 20(a) of the Securities Exchange Act of 1934 between April 22, 2021 and September 8, 2021. The plaintiff claims that defendants made materially false and/or misleading statements or failed to disclose material adverse facts about the Company’s business, operations, and prospects. On October 8, 2021, a nearly identical complaint was filed against the Company by an individual shareholder in the United States District Court for the Southern District of New York. The Company intends to vigorously defend against these lawsuits. A range of potential loss is not estimable at this time.

 

False Advertising. On August 26, 2021, a proposed class action lawsuit was filed by two individuals in the United States District Court for the Southern District of California against the Company. The complaint alleged claims for false advertising, breach of warranty, unlawful business practices, unfair competition, and violations of certain California and New York consumer protection acts. The plaintiff claimed that the Company falsely or misleadingly labelled its Truly products with respect to the ingredients contained therein. This matter was resolved during the thirteen weeks ended March 26, 2022 and the settlement amount paid was not material to the Company's financial statements.