CHICAGO (WBBM NEWSRADIO) — The Sazerac Company, makers of the well-known Fireball Whisky, could be in hot water over the way it has marketed its Fireball Cinnamon products.
Earlier this month, Chicagoan Anna Marquez filed a suit against the company over the lack of whiskey in its miniature bottles of Fireball Cinnamon, despite looking nearly identical to the Fireball Whisky line.
The Cinnamon product actually doesn't contain any whiskey. Instead, it’s a malt beverage with whiskey flavors.
Lawyers for Marquez said in the suit that they are seeking class-action status. The lawsuit accused the company of violating Illinois’ Consumer Fraud Act and using negligent misrepresentation.
According to the lawsuit, shoppers have been finding Fireball Cinnamon for $0.99 at non-liquor stores, such as supermarkets and convenience stores. Due to the similar packaging, though, lawyers for Marquez claim shoppers were fooled into believing Fireball Cinnamon contained whiskey.
The Sazerac Company has said it doesn’t comment on pending litigation.
“The bottles appear identical but for the word, ‘Whisky,’ on the front label, which most purchasers seeking alcohol will not even detect,” the suit reads.
On the front of Fireball Cinnamon bottles, the listed ingredients read as such: “Malt beverage with natural whisky and other flavors and caramel color.”
Marquez’s lawyers described “with natural whisky and other flavors” as a clever turn of phrase and said consumers will see “natural whisky” as an ingredient separate from “other flavors.”
As a result of the misrepresentation, the suit accused Sazerac Company of getting away with selling 50 milliliters of a malt beverage at the premium price of $0.99.
For context, a six-pack of Mickey’s malt liquor, which contains 72 fluid ounces total -- significantly more than the 50-milliliter bottles of Fireball Cinnamon -- costs $6.99 in the Chicago area.
The full lawsuit can be found here.
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