BELOW SUPERNAV drop zone ⇩

No whisky in bottles? Fireball sued for $5M, accused of misleading customers

(Courtesy of documents provided by U.S. District Court, Northern District of Illinois, Eastern Division)

MAIN AREA TOP drop zone ⇩

Editor’s Note: We have changed the photo on this story to more accurately reflect the product in question.

PROVIDENCE, R.I. (WPRI) — An Illinois woman is suing Fireball’s parent company after discovering that some of the miniature bottles don’t actually contain whisky.

The lawsuit, filed against Sazerac Company earlier this month, argues that the branding of the Fireball miniatures is misleading.

Sazerac Company makes two different kinds of Fireball: Fireball Cinnamon and Fireball Whisky. The difference, according to the company, is that Fireball Cinnamon is actually a malt-based beverage.

The labels for both alcoholic beverages are similar in design. However, Fireball Cinnamon’s states that it’s a “Malt Beverage with Natural Whisky and Other Flavors and Caramel Color.”

Fireball Cinnamon’s 16.5% alcohol by volume (ABV) is also significantly less than Fireball Whisky’s, which is 33%.

The company describes Fireball Cinnamon as “capturing the essence of the Fireball Whisky taste” while allowing it to be sold in a wider variety of stores.

“Unlike Fireball Whisky, Fireball Cinnamon products can be sold in beer, malt beverage and wine stores for our fans who want a wider variety of convenient shopping locations,” the company explains. “However, many states have laws that prohibit malt beverage and wine-based products being sold above a certain alcohol content.”

“We chose an alcohol content that would allow us to provide our fans with great tasting products and with as many additional shopping locations as possible,” the company continues.

The lawsuit claims shoppers who see the tiny bottles in stores wouldn’t think to inspect the label before purchasing.

The complaint also argues that the Fireball Cinnamon label can easily be misinterpreted.

“Using the words ‘With Natural Whisky and Other Flavors’ is a clever turn of phrase because consumers who strain to read this [won’t] see how ‘Natural Whisky’ is distinct from ‘Other Flavors,'” the lawsuit reads. “They will think the product is a malt beverage with added natural whisky and other flavors.

“What the label means to say is that the product contains ‘Natural Whisky Flavors and Other Flavors,’ but by not including the word ‘Flavors’ after ‘Natural Whisky,’ purchasers who [don’t] look closely will expect the distilled spirit of whisky was added as a separate ingredient.”

In the lawsuit, the woman said the miniature bottle cost her $0.99, adding that she “saw the labeling elements of the Fireball Cinnamon and did not immediately notice the differences from the Fireball Whisky.”

Despite the bargain, the woman claims this is more than she would have spent had she known it didn’t actually contain whisky.

The lawsuit accuses Sazerac Company of fraud, negligent misrepresentation and unjust enrichment.

The complaint not only seeks $5 million, but it also demands the company correct its “challenged practices” by updating the Fireball Cinnamon label.

Business

Copyright 2024 Nexstar Media Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed

MAIN AREA MIDDLE drop zone ⇩

Trending on NewsNation

MAIN AREA BOTTOM drop zone ⇩

tt

KC Chiefs parade shooting: 1 dead, 21 shot including 9 kids | Morning in America

Witness of Chiefs parade shooting describes suspect | Banfield

Kansas City Chiefs parade shooting: Mom of 2 dead, over 20 shot | Banfield

WWE star Ashley Massaro 'threatened' by board to keep quiet about alleged rape: Friend | Banfield

Friend of WWE star: Ashley Massaro 'spent hours' sobbing after alleged rape | Banfield

Partly Cloudy

la

61°F Partly Cloudy Feels like 60°
Wind
6 mph SSW
Humidity
52%
Sunrise
Sunset

Tonight

Partly cloudy this evening, then becoming cloudy after midnight. Low 48F. Winds light and variable.
48°F Partly cloudy this evening, then becoming cloudy after midnight. Low 48F. Winds light and variable.
Wind
4 mph N
Precip
2%
Sunset
Moon Phase
Waning Crescent