Vizzy Mimosa Class Action Lawsuit: Beer in a Mimosa Can?

A popular canned alcohol product is masquerading as a “mimosa,” when really its contents are just plain beer, a new proposed class action lawsuit alleges. 

Plaintiffs Markus Dixon and Deanna Mahan filed the lawsuit against Molson Coors Beverage Company USA LLC on May 20 in a Missouri federal court, alleging violations of the Missouri Merchandising Practices Act. 

According to the lawsuit, the company sells a “Mimosa Hard Seltzer” under the Vizzy brand. But according to the plaintiffs, the product is deceptively marketed, as most consumers expect a mimosa to contain orange juice and sparkling wine, however the cans don’t contain any wine. 

“Instead, consumers get an alcoholic beverage based not on sparkling wine and orange juice, but based on sparkling water and sugar, or a ‘beer,’ with more ‘natural flavors’ than orange juice,” the lawsuit states. 

Expecting Mimosa, Getting Beer? Lawsuit Claims Vizzy Mimosa Misleads Consumers

The lawsuit says most consumers have a certain expectation when they are purchasing a mimosa, based on the history and definition of the beverage. 

While the product is labeled as "Mimosa Hard Seltzer" and described as made with real orange juice, it does not contain sparkling wine, which is a key ingredient of a mimosa, the lawsuit states. 

“The mimosa is recognized by the International Bartender’s Association, which describes how it is prepared by, ‘Pouring orange juice into a flute glass and gently pouring in the sparkling wine,” it says.

The labeling creates a misleading representation of the product by suggesting the presence of sparkling wine and real orange juice, when in reality the amount of orange juice is minimal and the product does not contain sparkling wine, the lawsuit says. 

This is allegedly revealed both through its absence from the fine print of the ingredient list on the back of the package, which does not state sparkling wine, and by small print on the back of the can stating “beer.” 

Vizzy Mimosa Class Action Seeks Damages for Mislabeled Beverage

Dixon and Mahan allege that they and other consumers paid a price premium for the product based on its misleading labeling and packaging, and they’re seeking to recover economic damages. They’re looking to represent anyone in Missouri who purchased the deceptively labeled Vizzy Mimosas and are seeking certification of the class action, damages, fees and costs. 

Last year, Molson Coors reached a $9.5 million settlement in cases alleging Vizzy brand hard seltzer beverages were unlawfully and misleadingly labeled as "with antioxidant vitamin C from acerola superfruit." 

Case Details

• Lawsuit: Dixon et al, v. Molson Coors Beverage Company USA LLC
• Case Number: 4:24-cv-00353-BCW
• Court: U.S. District Court for the Western District of Missouri

Plaintiffs' Attorneys

• Thomas A. Addleman (Addleman Law Firm LLC)