I haven't read the pleadings but as I understand it they are accusing AB InBev of diluting the beer on the basis of some brewery employees saying they dilute the products in line below the stated ABV on the label. I suspect they are manipulating the facts about what is discussed above with diluting the product based upon particular state requirements. Even still, if the product is in fact diluted below the labelled ABV it does not mean the label is out of compliance with the TTB and/or state ABC regulations for labeling. TTB makes ABV option label info but if you put it on, then the beer must be within 0.3% ABV of the stated ABV unless state law says otherwise. The plaintiffs here allege there is a dilution of 3-8%. A 5% beer actually possessing 4.7% ABV is diluted 6% below the labeled ABV. Not out of compliance with the TTB. I assume where the variance is greater it is permitted by state law. AB InBev has a huge influence on beer regulations, it's hard to imagine they don't know how to play within the rules they helped create.