Ron Zacapa 23 Rum Not Aged As Long As Branding Makes It Appear, Class Action Lawsuit Claims

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Ron Zacapa 23 Class Action Lawsuit Overview: 

• Who: Perry Michael Fischer filed a class action lawsuit against Diageo North America, Inc.
• Why: Plaintiff claims Diageo North America misleads consumers about the age of the rum in its Ron Zacapa 23 Centenario Rum.
• Where: The class action lawsuit was filed in California federal court.

Diageo North America uses misleading labeling to give consumers the false impression about the age of its Ron Zacapa 23 Centenario Rum, a new class action lawsuit alleges.

Plaintiff Perry Michael Fischer claims Ron Zacapa 23 contains a mixture of rum that is aged between six and 23 years, despite the presence of a bold 23 and phrasing related to aging on the front of its packaging. 

Fischer wants to represent a nationwide Class, multistate Class, California Class, and North Carolina Class of consumers who purchased Ron Zacapa 23 for personal, family, or household use. 

Fischer says he purchased Ron Zacapa 23 on multiple occasions while under the assumption it contained rum aged for at least 23 years prior to its sale, because of the presence of the number 23 and the phrase “Aged At a High Altitude In Oak Barrels,” on its front packaging.  

Fischer claims that, absent an injunction stopping the defendant from making the misleading representations, he will likely face ongoing injury by continuing to purchase Ron Zacapa 23 despite being uncertain of its actual age.

Ron Zacapa 23 is aged by stacking multiple barrels on top of each other, with each barrel topping off the one below — a method known as a solera aging and blending, according to the class action lawsuit. 

Ron Zacapa 23 Only Aged Between 6 and 23 Years, Class Action Lawsuit Alleges

Fischer alleges that the solera aging and blending method leads to Ron Zacapa 23 being a mixture of rum aged between 6 and 23 years old. 

The age of the rum is important to Fischer because he is under the “reasonable” assumption that the longer rum is aged the better quality it will become, the class action lawsuit alleges.

“Reasonable consumers would not believe that a rum which contains a blend of ages spanning from 6 years to 23 years is of the same quality as a rum that is entirely aged for 23 years,” states the class action lawsuit. 

Fischer claims the defendant is in violation of California’s Consumer Legal Remedies Act, Unfair Competition Law, and False Advertising Law, along with North Carolina’s Unfair and Deceptive Trade Practices Act and various states’ breach of express warranty statutes. 

Plaintiff is demanding a jury trial and requesting relief in the form of statutory and punitive damages for himself and all Class Members. 

A New York man filed a separate class action lawsuit against Diageo North America in June, alleging the company uses misleading labeling to trick consumers into believing its Ron Zacapa 23 Centenario Rum is “super-premium.”

Have you purchased Ron Zacapa 23 Centenario Rum under the assumption it only contained rum aged at least 23 years? Let us know in the comments! 

The plaintiff is represented by Benjamin Heikali, Ruhandy Glezakos, and Joshua Nassir of Faruqi & Faruqi, LLP, and Melissa S. Weiner of Pearson, Simon & Warshaw, LLP. 

The Ron Zacapa 23 Class Action Lawsuit is Fischer v. Diageo North America, Inc., Case No. 2:21-cv-07249, in the U.S. District Court for the Central District of California.

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