Lime-A-Rita Doesn’t Contain Tequila, Class Action Lawsuit Says

Two people have filed a class action lawsuit accusing Anheuser-Busch of false advertising after they discovered the beverage company’s Rita products do not contain tequila.

Anheuser-Busch is an American brewing company known for its Budweiser, Stella Artois and Michelob Ultra brands. The company also makes Rita-branded products in various flavors, such as the Lime-A-Rita, that have the word “margarita” on the package, according to the class action lawsuit.

“It is common knowledge, and indeed definitional, that a margarita contains tequila,” the plaintiffs say, adding that when consumers order a margarita, they expect to receive a cocktail that contains tequila.

It follows, then, that consumers buying a product that has the word “margarita” on the package would expect that product to contain tequila, the plaintiffs argue. They say the image of a salted margarita glass on the Rita product packaging reinforces that expectation for consumers.

However, they claim, the products contain no tequila.

The plaintiffs say the product does not say anywhere on consumer-facing packaging panels that the products do not contain tequila, “or that the Margarita Products are actually just flavored beers that taste like a margarita.” 

Instead, small print on the bottom package panel — “where no reasonable consumer would look prior to purchase” — states the products are malt beverages.

But the plaintiffs say not everyone knows what that means.

The class action lawsuit states that even if the statement were more readily visible, “consumers are unlikely to understand the foregoing ‘malt beverage’ statement as meaning that the Margarita Products do not contain tequila, particularly in the context of the other prominent, false and deceptive statements on the front packaging indicating that the products do contain tequila.”

The class action lawsuit also maintains Anheuser-Busch’s Rita Rosé and Sangria Spritz products similarly do not contain wine and the Rita Fizz Mojito products do not contain rum.

The plaintiffs say they and other putative Class Members have been and will continue to be misled by the beverage maker’s deceptive packaging.

They argue that they paid a premium for the products, “reasonably believing” them to contain the alcohols commonly found in their respective cocktails.

The class action lawsuit cites research that indicated 90% of consumers purchase an item after only a visual inspection of the font of the packaging, without picking the item up.

Consumers’ expectation that the Rita products would contain tequila is “even more reasonable  given that competitor brands of the Margarita Products market and sell canned and other ready to go ‘Margarita’ cocktails that do actually contain tequila.”

Likewise, other competing mojito products actually contain rum and competitors’ rosé and sangria products contain wine.

The plaintiffs say had they and other Class Members known the truth about the products, they would not have purchased them or would have paid less than they did. 

“Plaintiffs and Class members were all harmed by purchasing Defendant’s Products because they did not receive what they paid for, and, as a result, lost money and property,” the class action lawsuit says.

The plaintiffs accuse Anheuser-Busch of intentionally using common cocktail and wine names on its product packages in an effort to get consumers to purchase the beverages or pay more for them.

“Defendant knew, or reasonably should have known, that consumers would rely on the common cocktail and wine names on the packaging of the Products and reasonably believe the Products contained tequila, rum, or wine,” the complaint says.

The proposed Class includes anyone who purchased any of the Anheuser-Busch products in question in New York for personal, family or household use within the statute-of-limitations period.

The plaintiffs allege violations of New York General Business Law, breach of express warranty, breach of implied warranty of merchantability, common law fraud and unjust enrichment.

They demand a jury trial and seek restitution of all profits and unjust enrichment obtained by Anheuser-Busch through its alleged fraudulent business practices; actual, compensatory, statutory and punitive damages; injunctive relief, including enjoining the beverage maker from continuing its alleged unlawful practices and ordering a corrective advertising campaign; attorneys’ fees and court costs; pre- and post-judgment interest on any amounts awarded; and any further relief deemed proper.

Have you bought one of the Rita products expecting it to contain tequila? Tell us about it in the comments below.

The plaintiff is represented by Innessa M. Huot and Timothy J. Peter of Faruqi & Faruqi LLP. 

The Lime-A-Rita With No Tequila Class Action Lawsuit is Tanya Cooper, et al. v. Anheuser-Busch LLC, Case No. 7:20-cv-07451, in the U.S. District Court for the Southern District of New York.

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