Bacardi Wants Bombay Sapphire Gin Class Action Dismissed

Bacardi USA filed a motion to dismiss a class action lawsuit filed by a consumer who claims that the company’s Bombay Sapphire Gin contains Grains of Paradise, which is illegal in the state of Florida.

Plaintiff Uri Marrache filed his class action complaint in August of this year alleging that Bacardi violated the Florida Deceptive and Unfair Trade Practices Act by including the illegal ingredient in its liquor.

In their motion to dismiss the class action lawsuit, Bacardi claims that the plaintiff does not state when or where he purchased the bottle of Bombay Sapphire Gin, what he bought, and does not show any proof of purchase. In addition, the motion to dismiss states that the plaintiff does not allege that Grains of Paradise is bad for one’s health.  

The motion to dismiss claims that the plaintiff does not allege any misleading or false statements either by Winn-Dixie Supermarkets Inc. or Bacardi.

“Plaintiff’s claims fail because the Complaint does not state any facts about how Grains of Paradise adulterates Bombay Sapphire Gin,” the motion to dismiss the Bacardi class action lawsuit states.

Also, the defendants say the complaint does not allege the amount of Grains of Paradise that is in the Bombay Sapphire Gin bottle, only that the name of the ingredient is “etched” on the bottle.

The motion to dismiss argues that the complaint needs to state not only why Grains of Paradise is harmful and damaging, but why it is “injurious to health” when added to Bombay Sapphire Gin.

“As the U. S. Supreme Court held, many ingredients can be considered ‘poisonous’ (which Grains of Paradise is not), but it depends on the quantity and combination to determine if the addition of that ingredient makes the product injurious to health,” the Bacardi motion to dismiss states.

The motion to dismiss further states that the complaint should be dismissed because the plaintiff does not define what “adulteration” is or what acts would qualify as “adulteration.”

In addition, the Bacardi motion to dismiss argues that the advertisements for Bombay Sapphire Gin are not deceptive.  

“Here, no ‘deceptive’ act is alleged because the Bombay Sapphire Gin bottle identifies Grains of Paradise, etched on the bottle,” the motion to dismiss alleges. The etching on the bottle, claims the defendant, is a “truthful representation,” not a misrepresentation.

Also, the defendants state that the plaintiffs’ FDUTPA claim will not succeed because he does not allege actual damages. The motion says that there has to be proof that Bacardi committed deception and that those acts were the cause of an actual injury.

“In the absence of allegations supporting a deceptive or unfair trade practice or damages, Plaintiff cannot plead causation,” the motion to dismiss claims.

Did you purchase Bombay Sapphire Gin in the past and noticed that the product contains Grains of Paradise? Leave a message in the comment section below.

The plaintiff is represented by Roniel Rodriguez IV of Roniel Rodriguez IV PA and Maury L. Udell of Beighley Myrick Udell & Lynne PA.

The Bombay Sapphire Gin Illegal Ingredient Class Action Lawsuit is Marrache v. Bacardi USA Inc., et al., Case No. 1:19-cv-23856, in the U.S. District Court for the Southern District of Florida.

UPDATE: On Jan. 28, 2020, the Bombay Sapphire Gin class action lawsuit that alleges Bacardi uses an illegal ingredient in its gin was dismissed by a Florida federal judge who found that the plaintiff’s claims were preempted by federal law.

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