The Spirits Business reported on September 26 that a judge is moving forward with a class action lawsuit that claims Sazerac misled customers about malt liquor iterations of Fireball Whisky and Parrot Bay Rum.
Customer Sharon Pizarro complained in February 2023 after collecting evidence from journalists throughout the years.
Pizarro alleged that she purchased bottles of Fireball at a New York gas station, believing it to be Fireball Cinnamon Whisky. She learned that she had purchased Fireball Cinnamon instead. Fireball Cinnamon is a malt-based beverage with an ABV of 16.5%, significantly lower than the 33% ABV Fireball Whisky possesses.
Pizarro claims she was the victim of a “bait-and-switch scheme,” and that had she known the gas station version of Fireball she purchased was not the famed whisky, she would have never purchased it.
Cindy Koonce had a similar experience with Parrot Bay Rum. She believed she was purchasing the coconut-flavored rum that clocks in at 21% ABV, but purchased a malt beverage version of the product with an ABV of 16.5%.
“When individuals buy Parrot Bay rum — as they do other rums — the alcohol content is a major component, if not the driving force, of the decision to purchase an alcoholic beverage.”
Though the word “rum” is not on the Parrot Bay malt version, the plaintiff claimed that the print was so small that it required an unreasonable amount of scrutiny from the customer.
Pizarro’s claims were eerily similar, and she expressed that Fireball Cinnamon and Fireball Whisky’s labels were “almost identical,” according to The Spirits Business.
What Are Malt Beverages?
Bevsource reports that flavored malt beverages, or FMBs, have currently generated about $4.4 billion in sales, increasing by 16.1% since 2022.
FMBs appear in many different styles which range from Mike’s Hard Lemonade to Sazerac mainstays, like Fireball Cinnamon.
On Fireball’s FAQ Page, the brand shares that Fireball Cinnamon features “malt-based and wine-based alcoholic beverages.” The Sazerac-owned brand shared that the purpose of Fireball Cinnamon was to make the beverage available to customers visiting beer, wine and convenience stores.
The brand even shares with customers that the whisky-based product will read Fireball Cinnamon Whisky on the label, and if it doesn’t have the word “Whisky” on it, it is the cinnamon-flavored spirit’s lower ABV sibling.
Food & Wine reported in January 2023 that confusion about these spirits didn’t just involve customers. The outlet shared that liquor store owners were “pissed” that convenience stores were selling these lower-ABV malt beverages in New York. They shared that in New York State, liquor stores are the only licensed entities that can sell hard spirits.
Sazerac filed a motion to dismiss the lawsuits that were consolidated in June 2023, but the judge ruled in favor of the consumers.
As of now, the class action suit involves anybody who purchased Fireball or Parrot Bay Malt in the state of New York from the Spring of 2020.
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