The label for 99-cent bottles of “Fireball Cinnamon” states that it is a “malt beverage with natural whisky & other flavors and caramel color.” So, would the average consumer believe that the distilled spirit of whisky was an ingredient here?

Anna Marquez did. And she has filed a class-action lawsuit against Sazerac Company for fraud because their 99¢ bottles of “Fireball Cinnamon” don't actually contain whisky. Marquez v. Sazerac Company, Inc., No. 1:23-cv-00097, Complaint (N.D. Ill. Jan. 7, 2023).

The Complaint alleges that the “natural whisky & other flavors” label was deceptive because, “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.”

Sazerac's website at https://www.fireballwhisky.com/faqs.html states:

Unlike Fireball Whisky, Fireball Cinnamon can be sold in beer, malt beverage and wine stores for our fans who want a wider variety of convenient shopping locations.

Sazerac's FAQ page goes on to state that:

• Any package with Fireball ‘Cinnamon Whisky' on the front label is our whisky-based product
• Any product with Fireball ‘Cinnamon' on the front label, without ‘Whisky', is either our malt-based or wine-based product

Regardless, the Complaint alleges that:

When viewed together with the Fireball distilled spirit brand name, the label misleads consumers into believing it is or contains distilled spirits.

Ms. Marquez claims that she “would not have purchased the Product or paid as much if the true facts had been known.” So she is seeking certification as a class representative seeking an award of monetary, statutory and/or punitive damages and interest.

The attorneys at Thomas P. Howard, LLC litigate cases in Colorado.