Prosecutors seek one-year prison sentence for Urban Zakapa’s Park Yong In in “Butter Beer” misleading advertising case
by Demian09 · allkpopThe Criminal Appeals Division 3 of the Seoul Eastern District Court held the first appellate hearing on April 29 in the case involving Park Yong In of Urban Zakapa, who is charged with violating South Korea’s Food Labeling and Advertising Act in connection with the so-called “butter beer” controversy. Prosecutors requested a one-year prison sentence during the hearing.
Park appeared in court wearing a grey suit and acknowledged the factual basis of the allegations, while arguing that there was no intent to mislead consumers or engage in fraudulent conduct.
The case concerns marketing activities carried out between May 2022 and January 2024, during which Park, as a representative of Virtual Company, and related parties promoted a beer product sold through convenience stores under names such as “Butter Beer,” “BUTTER BEER,” and “Beurre,” the French word for butter. Prosecutors argue that the product did not contain butter and that the branding therefore misled consumers.
Virtual Company, a licensing and branding agency behind the product’s concept, worked alongside brewing company BREWGURU and retailer GS Retail in production and distribution. Authorities allege that the use of butter-related terminology constituted false or exaggerated advertising, creating a misleading impression of the product’s ingredients.
In March 2023, South Korea’s Ministry of Food and Drug Safety filed complaints against Virtual Company, BREWGURU, and GS Retail, claiming the branding could mislead consumers into believing butter was included in the recipe.
In the first trial, Park was sentenced to eight months in prison, suspended for two years, and Virtual Company was fined 10 million KRW (approximately 6,758 USD). The court found that consumers could reasonably assume the product contained butter, particularly given its “butter beer” branding inspired by the Harry Potter franchise. It also noted that industry knowledge suggested butter could not realistically be used in beer production and that relevant warnings had been communicated.
The court further stated that Park, given his experience and public influence, could have foreseen the risk of consumer misunderstanding, and therefore bore significant responsibility for the marketing approach.
The prosecution appealed the initial ruling on February 24, seeking a harsher sentence, and the appellate trial is ongoing.
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