Woman sues Fireball maker Sazerac for promoting whiskey ‘flavored’ alcohol
It might be not the precise deal — but it surely absolutely was value a shot.
A girl is taking the Sazerac Company — which makes alcoholic drinks along with Fireball Whisky — to courtroom over what she claims is misleading packaging after discovering mini bottles of Fireball Cinnamon Whisky don’t really comprise whiskey.
Anna Marquez filed a lawsuit in Illinois on Jan. 7 after discovering the drink is unquestionably a malt beverage flavored like whiskey and by no means really whiskey — calling it “deceptive labeling on Fireball Cinnamon.”
The mini, 3.4 oz. bottles of Fireball Cinnamon are purchased in retailers that aren’t licensed to advertise liquor — much like supermarkets or gasoline stations — with the lawsuit alleging the labels between the two drinks are “almost identical,” no matter one containing whiskey and one not.
“[Consumers] will think the Product is a malt beverage with added (1) natural whisky and (2) other flavors,” the swimsuit reads. “What the label means to say is that the Product contains ‘Natural Whisky Flavors & Other Flavors,’ but by not including the word ‘Flavors’ after ‘Natural Whisky,’ purchasers who look closely will expect the distilled spirit of whisky was added as a separate ingredient.”
The class movement notes whiskey is a distilled spirit, whereas a malt beverage relies on fermentation with a neutral base to which flavors and coloration — notably “caramel” — are added.
The Post has reached out to Sazerac for comment.
“While federal and identical state regulations allow the Product’s use of the distilled
spirit brand name of Fireball, they prohibit the overall misleading impression created as to
‘Fireball Cinnamon’ version,” the swimsuit supplies.
The swimsuit moreover known as the bottle’s good print describing the contents as a “clever turn of phrase,” noting buyers assume the phrase “With Natural Whisky & Other Flavors” will study as two separate devices: “Natural Whisky” and “Other Flavors,” which implies the drink accommodates “natural whisky flavors.”
“They will think the Product is a malt beverage with added (1) natural whisky and (2)
other flavors,” the swimsuit says.
Fireball whiskey is 33% alcohol, whereas Fireball Cinnamon Whisky accommodates 16.5% alcohol.
The lawsuit claims to characterize “more than 100” plaintiffs — together with Marquez — who allegedly bought the merchandise at “thousands of stores including grocery stores, big box stores, gas stations and convenience stores.”
The lawsuit states the plaintiff is in the hunt for $5 million in compensation for the “controversy.”
The class movement is representing anyone who purchased the drink in Illinois, North Dakota, Wyoming, Idaho, Alaska, Iowa, Mississippi, Arkansas, Kansas, Arizona, South Carolina and Utah.
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