Fireball Lawsuit: Judge Allows Claims of Misleading Labels to Proceed

Case Overview: A federal judge has ruled that a class action lawsuit can proceed against Sazerac Company, which is accused of misleading consumers by packaging a malt-based drink to look like its popular Fireball Cinnamon Whisky.

Consumers Affected: U.S. customers who unknowingly bought Fireball Cinnamon malt beverages believing them to be Fireball Cinnamon Whisky.

Court: U.S. District Court for the Southern District of New York

Many shoppers who picked up small bottles of Fireball Cinnamon at gas stations or grocery stores thought they were getting the famous cinnamon whisky. Instead, they discovered they had purchased a malt-based drink with half the alcohol content and none of the whisky.

Now, a federal judge has ruled that their lawsuit against Sazerac Company can proceed as a class action, giving thousands of customers the chance to pursue claims together. The case centers on whether Fireball’s packaging intentionally blurred the line between its popular whisky and its cheaper malt-based version.

Judge Rejects Sazerac’s Push to End Case

On September 18, U.S. District Judge Kenneth M. Karas denied Sazerac’s motion to dismiss, holding that whether the Fireball labels are misleading is a question that can be decided for the entire class of consumers.

Sazerac argued that customers should have noticed the small-print phrase “malt beverage” or realized they were not buying liquor since the products were sold in convenience stores and supermarkets, places that often cannot sell spirits. Judge Karas disagreed, ruling that even in that context, the packaging could still mislead reasonable shoppers.

“This is precisely the type of question suitable for class-wide resolution,” the judge wrote, allowing the lawsuit to move forward.

Nearly Identical Bottles, Very Different Drinks

The lawsuit points to how closely the malt-based Fireball Cinnamon resembles Fireball Cinnamon Whisky. Both feature the same fiery dragon logo and nearly identical fonts and bottle shapes.

On the malt version, a small line reads “With Natural Whisky & Other Flavors.” Plaintiffs say the wording and placement make it easy to assume the drink contains whisky rather than just whisky flavoring. Instead of 33% alcohol by volume like the original whisky, the malt-based Fireball has an alcohol content closer to beer at about 16.5%.

The Case Could Force Changes in Labeling

Plaintiffs claim the branding caused widespread confusion and led people to pay for something they didn’t actually want. By making malt beverages look like their higher-proof counterparts, Sazerac allegedly gained an unfair advantage in the marketplace.

The case does not only cover Fireball. It also includes Parrot Bay malt beverages that plaintiffs argue were designed to mimic Parrot Bay rum while being cheaper and weaker.

Alcohol Industry Faces Pattern of False Advertising Claims

This is not the first time Fireball has faced legal challenges over its labeling. Similar cases have been filed in multiple states, including Florida and Illinois, with courts rejecting earlier attempts by Sazerac to shut them down.

Other brands are facing the same scrutiny. In May, Diageo was accused of marketing Casamigos and Don Julio tequilas as “100% agave” while allegedly adding cheaper non-agave spirits. That case, filed in New York federal court, claims the labeling misleads consumers and violates U.S. and Mexican standards for tequila.

The plaintiffs in the Fireball case are asking for refunds and damages for customers who unknowingly bought malt beverages thinking they were whisky. They are also seeking a court order that would force Sazerac to change its packaging so that customers can immediately tell the difference between malt products and distilled spirits.

If successful, the lawsuit could lead to redesigned labels for Fireball Cinnamon and Parrot Bay malt drinks, especially in retail settings where spirits are not sold.

Do you think Fireball’s labels misled shoppers? Have you ever bought the wrong version by mistake? Share your thoughts in the comments below.