NEW YORK (Legal Newsline) — Class action lawyers want to punish the maker of Vizzy hard seltzers for marketing a mimosa flavor without including champagne.
Tranise West, individually and on behalf of all others similarly situated, filed a complaint Oct. 10 in the U.S. District Court for the Eastern District of New York against Molson Coors Beverage Company USA LLC, alleging violation of New York General Business Law, breach of express warranty and other claims.
West claims the defendant's "Mimosa Hard Seltzer" is falsely labeled because it lacks sparkling wine or champagne. He further claims the fine print on the product's label shows the "bubbly liquid" in the drink is "sparkling water."
West also claims that the alcohol in the drink is not from champagne but from sugar and other fermentable sources, which misleads consumers. He alleges consumers are also misled because the defendant does not tell purchasers they are buying a malt beverage instead of a drink containing champagne.
West also alleges the product does not meet the requirements to fall under "hard seltzer" and that the defendant fails to disclose the addition of the artificial sweetener stevia.
West and the class seek monetary relief, interest, trial by jury and all other just relief. They are represented by Spencer Sheehan of Sheehan & Associates PC in Great Neck, New York, and James Chung of The Chung Law Office PC in Bayside, New York.
U.S. District Court for the Eastern District of New York case number 1:23-CV-07547-BMC