Lynchburg Lemonade Class Action: Does It Contain Whiskey As Advertised?

Consumers buying a canned cocktail called a “Lynchburg Lemonade” expected the beverage to contain whiskey, when it only contained beer, a new class action lawsuit alleges. 

Cocktail consumers Shaunte Styles and Nadesha Grant filed a complaint against the Brown-Forman Corporation on May 27 in a New York federal court, alleging violations of state and federal consumer laws. 

The women say they take issue with the company’s marketing of its canned “Lynchburg Lemonade” cocktail, which they argue is “inextricably tied to Jack Daniel’s” — the famous whiskey brand. 

The plaintiffs argue that because the drink is titled as a “Lynchburg Lemonade,” regular consumers expect it to contain whiskey. However, the ingredients list on the beverage states that the product is made with beer. 

“The labeling of the Jack Daniels Country Cocktail Lynchburg Lemonade is misleading for multiple reasons,” they say.

Jack Daniel's Branding Deceives Consumers, Lawsuit Claims

The women allege that there are multiple aspects of the packaging on the product that mislead customers. First, they argue that it is well understood that a Lynchburg Lemonade is known by consumers and industry insiders alike as a drink that combines lemon-lime soda, whiskey, triple sec and a dash of sweet and sour mix. 

When a consumer sees the canned Lynchburg Lemonade, which prominently displays the Jack Daniels branding, they are likely to believe it contains Jack Daniels whiskey, the lawsuit says.

“Despite the labeling and packaging, which conveys the presence of whiskey, the Lynchburg Lemonade Country Cocktail does not contain whiskey, or if it does, not more than a de minimis or negligible amount,” the lawsuit says. 

“The absence of whiskey is further confirmed by the side of the can, requiring not only that it be turned around, but that one twists their neck to read ‘Flavored Beer.’”

The packaging could have disclosed that, while it carries the Jack Daniels branding, it does not contain whiskey. However, it doesn’t do this, the lawsuit alleges.

Federal and State Laws Protect Against "Whiskey-Less" Lynchburg Lemonade

The Federal Alcohol Administration Act prohibits passing off lower quality malt beverages as containing distilled spirits, the lawsuit states.

As well as being protected by federal law, New York adopted the national standards through its Alcoholic Beverage Control Law. The plaintiffs say it did this because consumers rely so heavily on visual queues to make decisions about whether what they are buying contains distilled spirits. 

​​The plaintiffs also allege that, as a result of the misleading packaging on the canned cocktails, they paid more than they should have for them. “The product is sold at a premium price, at or around $3.39 for 23.5 fl oz, excluding tax and sales, higher than similar products,” the plaintiffs claim.

In the Lynchburg Lemonade class action lawsuit, Styles and Grant are seeking to represent anyone in New York who bought the canned cocktail expecting it to be a Lynchburg Lemonade, containing whiskey, instead of a malt beverage, without whiskey. They are asking for certification of the class action, damages, fees, costs and a jury trial. 

Case Details

• Lawsuit: Styles et al v. Brown-Forman Corporation
• Case No.: 1:24-cv-04043
• Court: U.S. District Court for the Southern District of New York

Plaintiffs' Attorneys

• Spencer Sheehan (Sheehan & Associates P.C.)
• James Chung (Chung Law P.C.)