NEW YORK (Legal Newsline) — A class action complaint alleges the manufacturers of Fireball Cinnamon Whisky deceives consumers with a "lookalike liquor" that is sold at convenience stores.
Sharon Pizzaro, individually and on behalf of all others similarly situated, filed a complaint April 2 in the U.S. District Court for the Southern District of New York against Sazerac Company Inc., alleging breaches of express warranty and other claims.
According to her class action, Pizzaro purchased the defendant's Fireball Cinnamon at convenience stores near New Rochelle, New York. She claims the defendant's false and misleading representations of the product cause consumers to expect the product to contain whiskey "in a non-de minimis amount."
Pizzaro further claims consumers pay more for the product than they would have if they had known it is not Fireball Whisky and does not contain whiskey "beyond a negligible amount." She alleges the defendant saw an "untapped market" by selling a product that looked and smelled like whiskey or vodka or Fireball at a convenience store.
Pizzaro alleges the defendant uses the "lookalike liquor" labeling which includes words such as "traditional, blended, special select" and "Russian Style Premium" as designed to be sold in states with regulations on where and how liquor can be sold based on alcohol by volume and proof and can be sold at convenience stores and gas stations.
U.S. District Court for the Southern District of New York case number 7:23-CV-02751