Fireball Lawsuit Moves Forward: Judge Approves Class Action Against Sazerac

The Fireball lawsuit against Sazerac gained momentum after Judge Kenneth M. Karas approved a class action request on September 18, 2023. This ruling allows the case to move forward and includes anyone in New York who purchased Fireball Malt (since April 2, 2020) or Parrot Bay Malt (since May 24, 2020), unless they choose to opt out.

The decision follows complaints from two consumers: Sharon Pizarro in February 2023 and Cindy Koonce in May 2023. Both plaintiffs argue that Sazerac misled buyers by selling malt-based beverages that closely resembled their distilled counterparts.

Claims of Misleading Products

According to evidence originally uncovered by journalists, Sazerac allegedly sold non-distilled beverages designed to appear like spirits in petrol stations across Virginia, the Carolinas, and New York. These states restrict spirits sales to Alcohol Beverage Control (ABC) stores, which heightened the controversy.

Much of the production came from Brookstone Distilling Company, which Pizarro claims operates as a subsidiary of Sazerac.

Focus on Fireball Cinnamon

Pizarro’s lawsuit zeroes in on Fireball Cinnamon bottles she purchased in New York petrol stations. She believed she was buying Fireball Cinnamon Whisky, which contains 33% ABV. Instead, the bottles contained Fireball Cinnamon, a malt-based beverage with just 16.5% ABV.

She noted that the labels of the whisky and malt products appeared nearly identical. “Had I known it wasn’t whisky, I never would have purchased it,” she argued, according to court documents reported by The Spirits Business.

The Fireball lawsuit also claims that labeling the product as “With Natural Whisky & Other Flavors” misleads consumers. Instead of containing actual whisky, the beverage only includes whisky flavoring.

Allegations Against Parrot Bay

Meanwhile, Koonce filed a separate complaint regarding Parrot Bay Malt Beverages. She highlighted that the “original” Parrot Bay rum variant is marketed as Puerto Rican rum with natural coconut flavor and carries a 21% ABV. In contrast, the malt-based version has a lower 16.5% ABV.

The lawsuit argues that alcohol content plays a major role in consumer decisions. Although the word “rum” is missing from the Parrot Bay Malt label, it appears in extremely small print, forcing buyers to examine the packaging more closely than a “reasonable consumer” should.

Consolidation of the Fireball Lawsuit

In June 2023, the court consolidated the two lawsuits into one case. Sazerac has repeatedly filed motions to dismiss, but the judge rejected them and allowed the Fireball lawsuit to proceed.

The outcome could have significant implications for alcohol labeling and consumer rights in the United States.

Stay Updated

Don’t miss out on the conversation. Get the latest news and experiences shaping rum culture right in your inbox.

Source of Information

The Spirits Business Article — Fireball and Parrot Bay lawsuit to proceed, written by Lauren Bowes

The image of the article is courtesy of ©Luana Scorsoni via Canva.com