NEW YORK (Legal Newsline) - Molson Coors Beverage Company is hoping to convince a federal judge to toss a lawsuit that says mimosa-flavored Vizzy hard seltzers should in essence be champagne in a can.
The company, represented by Jason Stiehl of Crowell & Moring in Chicago (among others), filed a motion to dismiss Jan. 2 in New York federal court. They are fighting one of the hundreds of consumer deception class action lawsuits filed by New York attorney Spencer Sheehan, whose theories have angered defendants and judges alike.
The case says consumers who noticed the product is flavored as "Mimosa Hard Seltzer" expected champagne - the main ingredient in a mimosa. Instead, they got sparkling water.
The motion to dismiss cites several other consumer deception lawsuits that were thrown out of court, including one involving Coca Cola and margarita hard seltzers.
"Here, the label clearly tells consumers that the product is a hard seltzer - not a cocktail," Molson Coors wrote. "Vizzy Mimosa Hard Seltzer is priced comparably with other hard seltzers, including those within the Vizzy Hard Seltzer product lines.
"However, these hard seltzers are priced significantly lower than champagne of sparking-wine based mimosa products. Without an allegation of actual injury - which Plaintiff could never plead - Rule 12(b)(1) warrants dismissal."
Plaintiff Tranise West filed the suit Oct. 10. It 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.