It may not be the right thing – but it was worth a try.
A woman is taking the Sazerac Company – which makes alcoholic beverages including Fireball Whiskey – to court over allegedly misleading packaging after discovering mini bottles of Fireball Cinnamon Whiskey actually contain no whiskey.
Anna Marquez filed a lawsuit in Illinois on Jan. 7 after discovering the drink is a whiskey-flavored malt beverage and not actually whiskey — calling it “misleading labeling on Fireball Cinnamon.”
The Mini, 3.4 oz. Bottles of Fireball Cinnamon are sold in stores that aren’t licensed to sell liquor — like supermarkets or gas stations — with the lawsuit claiming the labels on the two drinks are “nearly identical,” even though one drink contains whiskey and the other doesn’t.
“[Consumers] will think the product is a malted beverage with added (1) natural whiskey and (2) other flavors,” the suit said. “What the label is supposed to say is that the product contains ‘natural whiskey flavors and other flavors’, but if the word ‘flavours’ is omitted after ‘natural whisky’, scrutinizing shoppers will expect the distilled Added whiskey spirit was a separate ingredient.”
The class action lawsuit points out that whiskey is a distilled spirit, while a malt beverage is based on fermentation with a neutral base to which flavorings and coloring — specifically “caramel” — are added.
The Post has reached out to Sazerac for comment.
“While federal and identical state regulations allow the use of the distillate in the product
Fireball liquor brand, they ban the misleading overall appearance
‘Fireball Cinnamon’ version,” the suit adds.
The suit also credited the bottle’s fine print, which describes the contents as a “clever twist,” noting that consumers expect the phrase “With natural whiskey and other flavors” to be read as two separate elements: “Natural whiskey.” ‘ and ‘Other Flavors’. meaning the drink contains “natural whiskey flavors”.
“You will think the product is a malted beverage with added (1) natural whiskey and (2)
other flavors,” says the suit.
Fireball Whiskey is 33% alcohol while Fireball Cinnamon Whiskey is 16.5% alcohol.
The lawsuit claims to represent “more than 100” plaintiffs — in addition to Marquez — who allegedly purchased the products at “thousands of stores, including grocery stores, large department stores, gas stations, and convenience stores.”
The lawsuit says the plaintiff is seeking $5 million in damages for the “controversy.”
The class action lawsuit represents anyone who purchased the drink in Illinois, North Dakota, Wyoming, Idaho, Alaska, Iowa, Mississippi, Arkansas, Kansas, Arizona, South Carolina and Utah.
https://nypost.com/2023/01/24/woman-sues-fireball-maker-sazerac-for-selling-whiskey-flavored-alcohol/ Woman is suing Fireball maker Sazerac for selling whiskey alcohol