Some mini Fireball bottles do not contain whisky. Now the company is being sued.


Food News

A lawsuit claims Fireball uses deceptive advertising to sell its Fireball Cinnamon product.

If you’ve ever wondered why you can buy Fireball nips at gas stations and convenience stores that only have a wine and beer license, you’re not alone.

Fireball Cinnamon Whiskey contains real whiskey. – Court documents

Turns out it’s because there are actually two types of Fireball pinches – one that contains whiskey and one that doesn’t.

“Fireball Cinnamon Whiskey” is the same product you would find in a larger Fireball bottle and contains whiskey. But Fireball also makes a product called “Fireball Cinnamon” (without the word whiskey at the end), which is a malt drink meant to mimic the flavor of the original product.

The two products look virtually identical except for the slight name change and a small print description of the product at the bottom of the front label. While Fireball Cinnamon Whiskey says “natural cinnamon flavored whiskey” at the bottom, Fireball Cinnamon says “malt drink with natural whiskey and other flavors and caramel color”.

To be clear, this means that the product contains natural whiskey flavorno natural whiskey.

Some mini Fireball bottles do not contain whisky. Now the company is being sued.
Fireball Cinnamon is a malt drink that does not contain whiskey and is just meant to mimic the taste of Fireball Cinnamon Whisky. – Court documents

A new class action lawsuit in federal court in Illinois alleges the way Fireball Cinnamon is marketed is misleading and leads customers to believe they are buying whiskey when they are not. In particular, the lawsuit cites the similar label designs and easily misinterpreted fine print at the bottom of the Fireball Cinnamon label.

“To expect those little bottles labeled ‘Fireball Cinnamon’ to contain whiskey [is] an easily committed and intentional error by the manufacturer,” the lawsuit states.

According to the lawsuit, the product has caused confusion, with some customers questioning whether gas stations and convenience stores selling Fireball Cinnamon were breaking the law by selling whiskey.

The lawsuit explains that it is legal for Sazerac, the company that makes Fireball, to use the Fireball trademark on non-whisky products, but that it is illegal for Fireball to create a “misleading general impression” on the nature of the product. .

Fireball’s website explains the difference between the products and explains why it created Fireball Cinnamon in the first place.

Some mini Fireball bottles do not contain whisky. Now the company is being sued.
Fireball Cinnamon is a malt drink that does not contain whiskey. This is only explained in the fine print at the bottom of the bottle. – Court documents

“Over the years, we’ve received feedback from consumers wanting to buy Fireball from a wider variety of convenient stores, including stores that may only sell beer, malt beverages, and wine products,” he wrote. .

Sazerac told Boston.com that he does not comment on pending litigation.

The federal lawsuit seeks more than $5 million in damages on behalf of more than 100 plaintiffs, but anyone who lives in Illinois, North Dakota, Wyoming, Idaho, Alaska, Iowa, Mississippi, Arkansas, Kansas, Arizona, South Carolina or Utah and bought Fireball Cinnamon can join him.

The law firm behind the lawsuit, Sheehan & Associates, is known to have sued major food and beverage companies for misleading advertising. In October 2021, Sheehan & Associates sued Kellogg for not having a real strawberry in Strawberry Pop-Tarts. A few months before the Pop-Tart lawsuit, he sued Frito-Lay for not having enough lime juice in his Hint of Lime chips.

According to NPR, the company has filed more than 400 similar lawsuits in 2021. Fireball is just the latest target.

Boston

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