Diageo’s Ron Zacapa 23 Centenario Rum Not Aged as Advertised, Class Action Lawsuit Says

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Diageo Ron Zacapa 23 Centenario Rum Class Action Overview: 

• Who: A pair of consumers served a class action lawsuit to adult beverage maker Diageo North America, Inc. 
• Why: Plaintiffs allege Diageo misled consumers regarding the age of its Ron Zacapa 23 Centenario Rum.
• Where: The class action lawsuit was lodged in New York federal court. 

Diageo North America, Inc, engaged in misleading business practices with respect to the marketing and sale of its Ron Zacapa 23 Centenario Rum, a new class action lawsuit alleges.

Diageo marketed and sold Ron Zacapa rum with a bold “23” on the front of the packaging. Lead plaintiffs Perry M. Fischer and Avi J. Pusateri says this labeling conveys to a reasonable consumer that the rum has been aged for 23 years. 

Indeed, the plaintiffs point out that numbers displayed on the packaging of distilled spirits commonly indicate how many years the product has been aged. However, the rum contained in the product has not been aged for 23 years, the lawsuit states. Instead, it is a blend of rums aged between 6 and 23 years. This material fact is not known to reasonable consumers at the point of purchase.

“Plaintiffs purchased the product and paid a premium price based upon their reliance on defendant’s representation that the product was aged for 23 years,” the lawsuit states. 

“Had plaintiffs and class members been aware that the product has not been aged for 23 years, they would not have purchased the product or would have paid significantly less for the product.”

Diageo Misleads Consumers into Paying a Premium for Ron Zacapa 23, Claims Class Action

Fischer and Pusateri say they both purchased the product due to its front packaging. 

Specifically, they saw the number “23” and the phrase “Aged At A High Altitude in Oak Barrels.” The number “23” on the front of the packaging conveyed to the plaintiffs that the product was aged for 23 years prior to bottling and sale, or, at a minimum, would not contain rum aged less than 23 years. 

Additionally, the phrase “Aged At A High Altitude in Oak Barrels” confirmed for them that the product is an aged rum. 

“The age of the product is material as they reasonably believed a rum with a higher age is of a higher quality,” the lawsuit states. 

The plaintiffs bring the lawsuit on behalf of a nationwide Class, as well as California, New York and North Carolina subclasses. 

The plaintiffs want injunctive relief, including a court order stopping Diago from falsely advertising the rum. Further, they are seeking damages for themselves and Class Members, as well as attorneys’ fees.

Fischer and Pusateri join other consumers in pointing out that Ron Zacapa 23 Centenario Rum is made with a blend of younger spirits. Diago faces a pair of class action lawsuits lodged earlier this year over the alleged false advertising. 

Did you purchase Ron Zacapa 23 Centenario Rum believing it had been aged for 23 years? Let us know in the comments! 

The plaintiffs are represented by Nina Varindani of Faruqi & Faruqi, LLP and Melissa S. Weiner of Pearson, Simon & Warshaw, LLP. 

The Diageo Aged Rum Class Action Lawsuit is Fischer, et al. v. Diageo North America, Inc., Case No. 21-cv-08568, in the U.S. District Court for the Southern District of New York.

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