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A Bombay Sapphire Gin class action lawsuit that alleges Bacardi uses an illegal ingredient in its gin was recently dismissed by a Florida federal judge who found that the plaintiff’s claims were preempted by federal law.
According to U.S. District Judge Robert N. Scola Jr., plaintiff Uri Marrache’s claims are preempted by the federal Food, Drug, and Cosmetic Act which allows the ingredient “grains of paradise.”
The judge also determined that Marrache had not alleged that he suffered harm from the Bombay Sapphire Gin drink, therefore invalidating his claims.
In his Bacardi gin class action lawsuit, Marrache claimed the liquor contains “grains of paradise,” a spice in the ginger family which is similar to cardamom. The Bombay Sapphire Gin is reportedly advertised as containing “10 hand-selected botanicals from exotic locations around the world,” including grains of paradise.
According to Marrache, the spice is prohibited under an 1868 Florida statute which forbids the use of harmful ingredients in liquor products. The list of prohibited ingredients reportedly includes grains of paradise. Based on this, Marrache argues that the gin is illegal and therefore “worthless.”
Judge Scola rejected his claims, finding that the Food, Drug, and Cosmetic Act preempts the Florida statute. Although Marrache argued that states have the right to regulate liquor products under the 21st Amendment, Judge Scola wrote that the Supreme Court determined that federal preemption overrides the amendment.
The judge also rejected the claims based on the fact that Marrache does not allege any harm in his Bombay Sapphire Gin class action lawsuit. Although Marrache claims that the product is “worthless,” Judge Scola found that buying or drinking the product did not cause him injury.
“He does not allege that he could not or did not drink the gin. He does not allege that he sought a refund or a partial refund or that he complained about the gin at the time of purchase or of consumption,” Judge Scola wrote.
“Moreover, Marrache’s complaint notably does not allege that he suffered any side effect, health issue or harm resulting from the grains of paradise. He does not allege that the resale value of the gin depreciated.”
Bacardi posed similar arguments in an October motion to dismiss. The company called the Florida statute “antiquated” and cited an FDA determination that grains of paradise are safe. Following the dismissal of Marrache’s Bacardi gin class action lawsuit, the company was reportedly pleased.
Have you purchased Bombay Sapphire Gin? Let us know in the comment section below.
Marrache 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 Class Action Lawsuit is Marrache v. Bacardi U.S.A. Inc., et al., Case No. 1:19-cv-23856, in the U.S. District Court for the Southern District of Florida.
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