Fireball is under fire for allegedly trying to trick its consumers by offering two distinct types of alcohol. Yes, you might want to take a closer look at that bottle of Fireball if you want to ramp it up this weekend and relive your college days. According to a recent class-action complaint, Fireball is attempting to profit by deceiving its consumers by providing them with two very similar bottles. But the booze isn't the same. After learning that "Fireball Cinnamon Whisky" and "Fireball Cinnamon" are not the same thing, Anna Marquez filed the lawsuit.
In the Northern District of Illinois, Anna Marquez, a resident of Chicago, filed a lawsuit on January 7 in response to what she claims is misleading labeling on Fireball Cinnamon.
Anna appears to want to ensure that if she drinks the syrupy flavored alcoholic beverage, it's at least whiskey that will make her intoxicated. The lawsuit asserts that "Fireball Cinnamon Whiskey," the original product from which we have all come to suffer hangovers over the years, includes 33% real whisky. The cunning, alternate brand, "Fireball Cinnamon," on the other hand, is a malt liquor with a 16.5% alcohol content and is typically available on countertops and in smaller bottles. You're all right, everyone. When you're grabbing some bottles to go, be careful to read the tiny print!
Pictures provided with the case demonstrate how strikingly alike the bottles for the bigger Fireball Cinnamon Whisky and the smaller bottles, which merely bear the name "Fireball Cinnamon," are: The only difference between the bottles is the term "Whisky" on the front label, which the majority of customers looking for alcohol won't even notice.
The lawsuit states that although federal and identical state regulations permit the brand name of Fireball to be used on the malt- and wine-based versions, they prohibit "the overall misleading impression created" as to the "'Fireball Cinnamon' version." "When viewed together with the Fireball distilled spirit brand name, the label misleads consumers into believing it is or contains distilled spirits," the lawsuit adds. The lawsuit claims that believing those little bottles marked "Fireball Cinnamon" to contain whiskey "is a simple error to make, and one that the maker intended."
The lawsuit seeks to represent "more than 100" plaintiffs who bought the product at "thousands of stores including grocery stores, big box stores, gas stations, and convenience stores." It alleges Sazerac violated state consumer fraud statutes, breached the express warranty, and reaped unjust enrichment.