{"id":10829,"date":"2023-01-24T11:41:30","date_gmt":"2023-01-24T16:41:30","guid":{"rendered":"https:\/\/blog.lawyer.com\/?p=10829"},"modified":"2023-01-24T11:41:30","modified_gmt":"2023-01-24T16:41:30","slug":"new-lawsuit-fires-up","status":"publish","type":"post","link":"https:\/\/blog.lawyer.com\/index.php\/new-lawsuit-fires-up\/","title":{"rendered":"New Lawsuit Fires Up"},"content":{"rendered":"
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Distilling a class action<\/figcaption><\/figure>\n

Those who consume the occasional alcoholic beverage may or may not have noticed that the mini bottles sold under the Fireball Cinnamon label do not contain whisky.\u00a0 While the specific word \u201cwhisky\u201d is not displayed on the product name, it may be assumed that the product is comparable, arguably identical to the larger variety Fireball Cinnamon Whisky bottle.\u00a0 In response to the apparent deceptiveness, plaintiff Anna Marquez has filed a class action lawsuit against the US-based manufacturer, Sazerac Co. Inc.\u00a0 In addition to damages, Marquez is also requesting a jury trial and injunction relief. \u00a0\u00a0\u00a0<\/p>\n

The lawsuit was filed on the federal level in Illinois.\u00a0 In addition to allegedly violating the Illinois Consumer Fraud and Deceptive Business Practices Act, the plaintiff has also accused <\/a>Sazerac Co. Inc. of breaking the Magnuson Moss Warranty Act and fraudulently misrepresenting the consumers of the brand.\u00a0 Specifically, purchasers of the $0.99 variation may not look close enough to realize that the product does not contain actual whisky, but rather, a malt beverage that is engineered to taste like whisky.\u00a0 The plaintiff argues that consumers may not take the time to read the fine print on the label.<\/p>\n

In addition, the way in which the wording is crafted or arranged on the product may appear as equally confusing.\u00a0 Consumers would have to pay particular attention to the arrangement of the description: \u201cMalt Beverage With Natural Whisky & Other Flavors and Carmel Color.\u201d\u00a0 At first glance, consumers may only read \u201cMalt Beverage With Natural Whisky.\u201d\u00a0 By failing to place the word \u201cFlavors\u201d directly following the word \u201cWhisky,\u201d the company arguably exhibited misrepresentation.\u00a0 Despite its clever labeling, the $0.99 product does not include distilled spirits.\u00a0 Since the filing in January 2023, Kansas has emerged as the second state to join the class action.<\/p>\n","protected":false},"excerpt":{"rendered":"

Those who consume the occasional alcoholic beverage may or may not have noticed that the mini bottles sold under the Fireball Cinnamon label do not contain whisky.\u00a0 While the specific…<\/p>\n","protected":false},"author":230,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_seopress_robots_primary_cat":"","_seopress_titles_title":"","_seopress_titles_desc":"","_seopress_robots_index":"","_s2mail":"yes","footnotes":""},"categories":[548],"tags":[510,396,1794,51,2911],"class_list":["post-10829","post","type-post","status-publish","format-standard","hentry","category-lawsuits","tag-advertising","tag-business-2","tag-consumer-rights","tag-fraud","tag-product-labeling"],"post_mailing_queue_ids":[],"_links":{"self":[{"href":"https:\/\/blog.lawyer.com\/index.php\/wp-json\/wp\/v2\/posts\/10829","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/blog.lawyer.com\/index.php\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/blog.lawyer.com\/index.php\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/blog.lawyer.com\/index.php\/wp-json\/wp\/v2\/users\/230"}],"replies":[{"embeddable":true,"href":"https:\/\/blog.lawyer.com\/index.php\/wp-json\/wp\/v2\/comments?post=10829"}],"version-history":[{"count":1,"href":"https:\/\/blog.lawyer.com\/index.php\/wp-json\/wp\/v2\/posts\/10829\/revisions"}],"predecessor-version":[{"id":10831,"href":"https:\/\/blog.lawyer.com\/index.php\/wp-json\/wp\/v2\/posts\/10829\/revisions\/10831"}],"wp:attachment":[{"href":"https:\/\/blog.lawyer.com\/index.php\/wp-json\/wp\/v2\/media?parent=10829"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/blog.lawyer.com\/index.php\/wp-json\/wp\/v2\/categories?post=10829"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/blog.lawyer.com\/index.php\/wp-json\/wp\/v2\/tags?post=10829"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}