Illinois: The makers of the infamous whisky named Fireball cinnamon are facing a lawsuit that claims there is no whisky in the miniature bottles of the hot beverage.
To the dismay of Anna Marquez, the Illinois lady who is suing Sazerac Company, the creator of Fireball, for “misleading” packaging, the beverage is actually a malt beverage made to taste like whisky.
The labelling on the tiny 99-cent bottles of Fireball Cinnamon, according to the class-action lawsuit Marquez filed earlier this month, is misleadingly identical to the labelling on bottles of the company’s other product, Fireball Cinnamon Whisky.
According to the company’s website, Fireball Cinnamon Whisky has 33% alcohol by volume while Fireball Cinnamon has 16.5%.
According to the lawsuit, it was “an easy error to make, and one that the manufacturer intended,” for customers to believe that the little bottles marked “Fireball Cinnamon” contained whisky.
“Even though their labels are nearly identical, what people were buying in non-alcohol retailers” was not whisky at all,” reads the lawsuit.
Although it is lawful for the business to use the brand name “Fireball” for both drinks, the lawsuit claims that both federal and state laws forbid giving the public a “misleading impression” overall.
The lawsuit criticises comparable labelling as well as the size of the text on Fireball Cinnamon’s label that lists its ingredients.
The phrase “Malt Beverage With Natural Whisky & Other Flavors and Carmel Color” is allegedly written in the “smallest allowable size,” according to the lawsuit.
The complaint also claims that the term “natural whisky” causes confusion about the product.
The phrase “With Natural Whisky & Other Flavors” is a brilliant turn of phrase since it allows consumers who struggle to comprehend it to understand how Natural Whisky differs from Other Flavors.
Customers “will believe the Product is a malt beverage with natural whisky and added flavours,” claims the lawsuit.
To put it another way, customers can mistakenly think that a distinct ingredient of natural whisky is added to the beverage rather than realising that simply “whisky tastes” are there.
The Fireball firm explains the distinctions between its whisky and malt products on its website.
The website says that there are two main distinctions between the Fireball Cinnamon and Fireball Whisky labels:
“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 wine- or malt-based beverage,” the company says.
As per a CBS news report, despite being the only plaintiff, Marquez’s action aims to compensate anyone who has bought Fireball Cinnamon in the following states: Illinois, North Dakota, Wyoming, Alaska, Arizona, Idaho,
Mississippi, Iowa, South Carolina, Kansas, Arkansas, and Utah.
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