WHITE PLAINS, N.Y. (Legal Newsline) — A class action lawsuit alleges Southern Comfort's mini liqueur's label sold at convenience stores deceptively has led consumers believe it contains distilled spirits.
Christina Del Rosario, individually and on behalf of all others similarly situated, filed a complaint Feb. 8 in the U.S. District Court for the Southern District of New York against Sazerac Company Inc., alleging violation of state consumer fraud acts and other claims.
According to her class action, Rasario purchased the defendant's fruit and spice flavored liqueur sold under the Southern Comfort brand in gas stations and convenience stores in Bronx County New York, in 2022. She claims when she purchased the product, she expected it to be similar to the regular Southern Comfort that contains whiskey and/or distilled spirits that were aged in oak barrels.
Rasario alleges the "mini gas station" version of the product lacks distilled spirits "beyond a negligible amount of 'natural whiskey flavor'" and is technically a "malt beverage." She further alleges the defendant's labeling of the Southern Comfort "circumvent[s] regulations" for many states that prevent distilled spirits from being sold outside of liquor stores.
Rasario claims the mini bottles are misleading because the labeling "malt beverage" is difficult to see and that the label is nearly identical to the distilled spirit version, yet the amount of whisky in the mini bottle is de minimis.
Rasario seeks monetary relief, interest, trial by jury and all other just relief. She and the class are represented by Spencer Sheehan of Sheehan & Associates PC in Great Neck, New York.
U.S. District Court for the Southern District of New York case number 1:23-CV-01060