Lawsuit alleges that Fireball Cinnamon mini bottles are “misleading” because they don’t contain whiskey

Fireball Cinnamon followers be warned — the mini bottles of the fiery drink you are buying up at the advantage shop do not truly consist of any whiskey.

In point, the consume is a malt beverage flavored to flavor like whiskey, substantially to the dismay of Anna Marquez — the Illinois female who is suing Sazerac Enterprise, the maker of Fireball, for “deceptive” packaging.

The course-action lawsuit, which was submitted by Marquez earlier this thirty day period, alleges that the labeling on the little 99-cent bottles of Fireball Cinnamon glimpse misleadingly very similar to the labeling on bottles of its other product, Fireball Cinnamon Whisky.

Fireball Cinnamon Whiskey has 33% liquor by volume, though Fireball Cinnamon has 16.5% liquor by volume, in accordance to the firm’s web page.

Buyers “anticipating those people compact bottles labeled ‘Fireball Cinnamon’ to include whiskey ‘was an easy oversight to make, and just one meant by the manufacturer,'” the go well with reads. “In point, what people were obtaining at non-liquor suppliers ‘[was] not whiskey at all even even though the[ir] labels are practically similar.”

The lawsuit alleges that even though it is authorized for the corporation to use the brand name name of “Fireball” for both of those drinks, federal and state laws prohibits generating an over-all “deceptive perception.”

In addition to similar labels, the lawsuit complains about the text dimensions on Fireball Cinnamon’s label describing its composition. The claim alleges that the phrasing, “Malt Beverage With Organic Whiskey & Other Flavors and Carmel Coloration” is penned in the “smallest allowed dimension.”

The use of the phrase “all-natural whisky” makes misunderstandings about the solution, the lawsuit also states.

“Making use of the words ‘With Pure Whiskey & Other Flavors’ is a intelligent transform of phrase for the reason that customers who pressure to study this will see how ‘Natural Whiskey’ is distinct from ‘Other Flavors,'” the lawsuit reads.

Prospects “will think the Products is a malt beverage with additional (1) pure whiskey and (2) other flavors,” it included.

In other phrases, buyers may perhaps believe that that purely natural whiskey is additional to the drink as a different component, relatively than understanding that only “whisky flavors” are additional.

On the Fireball web site, the corporation spells out the variation between its whiskey and malt merchandise.

“There are 2 vital variations in between the Fireball Cinnamon labels vs the Fireball Whiskey label: Any offer with Fireball ‘Cinnamon Whiskey’ on the front label is our whisky-based products,” the web site describes. “Any merchandise with Fireball ‘Cinnamon’ on the entrance label, devoid of ‘Whisky’, is both our malt-based mostly or wine-based mostly item.”

The lawsuit, even though filed only by Marquez, seeks to include any person in Illinois, North Dakota, Wyoming, Alaska, Arizona, Idaho, Mississippi, Iowa, South Carolina, Kansas, Arkansas, and Utah who has acquired Fireball Cinnamon.