Sazerac Company, Inc. – the makers of Fireball Cinnamon Whisky – are facing a proposed class action lawsuit that alleges the branding of its Fireball Cinnamon beverage is misleading, as it is nearly identical to the branding of the company’s signature Fireball Cinnamon Whisky, except the Fireball Cinnamon product does not contain whisky.
The labeling of Fireball Cinnamon appears nearly identical to the brand’s Cinnamon Whisky – albeit without the key word “whisky” – due to the fact that Fireball Cinnamon is actually a malt beverage that does not contain distilled spirits and is flavored to taste like cinnamon whisky.
The lawsuit alleges that Sazerac’s front label for Fireball Cinnamon denotes that the product is a malt beverage “With Natural Whisky & Other Flavors and Caramel Color” but the separation of “Natural Whisky” with an ampersand from “Other Flavors” creates the misleading illusion that there are actual distilled spirits [rather than mere flavoring] in the product.
The lawsuit further alleges that “…where a distilled spirit is used to manufacture flavors, it loses its class and type when blended with other ingredients” and accuses the Sazerac Company with intentionally misrepresenting Fireball Cinnamon in order to sell its product at a higher price.
The class action lawsuit is applicable in Alaska, Arizona, Arkansas, Idaho, Illinois, Iowa, Kansas, Mississippi, North Dakota, South Carolina, Utah and Wyoming to those who purchased Fireball Cinnamon during the applicable statute of limitations period.
