LOS ANGELES (Legal Newsline) - Diageo faces a class action lawsuit that says a rum with the number 23 in its name is misleading buyers into thinking it has been aged 23 years.
Perry Michael Fischer filed a class action complaint on September 9 in the U.S. District Court for the Central District of California against Diageo North America, Inc. for violation of California’s Consumer Legal Remedies Act, violation of California’s Unfair Competition Law, violation of California’s False Advertising Law, violation of North Carolina’s unfair and deceptive trade practice, violation of various state breach of express warranty statutes; and unjust enrichment.
According to the complaint., the class action is in regards to Diageo's misleading business practices with respect to the marketing and sale of its Ron Zacapa 23 Centenario Rum. Fischer alleges that Defendant deceptively packages its product to lead consumers to believe that its products are aged for 23 years prior to bottling and sale, or, at a minimum, would not contain rum aged less than 23 years.
Fischer alleges that the packaging, which shows a prominent “23” on the front of the packaging, conveys to reasonable consumers that the rum contained in the product is aged for 23 years prior to bottling and sale and that consumers would not buy the product if not for the misleading labeling by the company.
Fischer seeks a declaration or declaratory judgment that Defendant’s conduct has violated and continues to violate the statutes cited, an award of damages, including all available statutory and punitive damages, recoverable costs and expenses and of pre- and post-judgment interest. Fischer is represented by Benjamin Heikali of Faruqi and Faruqi , LLP.
U.S. District Court Central District of California case number 2:21-cv-07249-RGK-AFM