Plaintiff Anna Marquez filed a suit after discovering the drink is actually a malt beverage flavored like whiskey and not the real deal.
It may not be the real deal — but it was worth a shot.
A woman is taking the Sazerac Company — which makes alcoholic beverages including Fireball Whisky — to court over what she claims is misleading packaging after discovering mini bottles of Fireball Cinnamon Whisky don’t in fact contain any whiskey.in Illinois on Jan. 7 after discovering the drink is a malt beverage flavored like whiskey and not actually whiskey — calling it “deceptive labeling on Fireball Cinnamon.
The class action notes whiskey is a distilled spirit, while a malt beverage is based on fermentation with a neutral base to which flavors and color — specifically “caramel” — are added.Mini bottles of Fireball Cinnamon do not contain any actual whiskey.“While federal and identical state regulations allow the Product’s use of the distilled‘Fireball Cinnamon’ version,” the suit adds.
The suit also called the bottle’s fine print describing the contents as a “clever turn of phrase,” noting consumers assume the phrase “With Natural Whisky & Other Flavors” will read as two separate items: “Natural Whisky” and “Other Flavors,” meaning the drink contains “natural whisky flavors.”other flavors,” the suit says.The lawsuit noted the bottles looked remarkably similar.Fireball whiskey is 33% alcohol, while Fireball Cinnamon Whisky contains 16.5% alcohol.
The lawsuit claims to represent “more than 100” plaintiffs — in addition to Marquez — who allegedly bought the products at “thousands of stores including grocery stores, big box stores, gas stations and convenience stores.”The class action 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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