Southern Comfort class action alleges certain mini bottles are not actual whiskey

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Southern Comfort mini bottles class action overview: 

• Who: A New York woman is suing Sazerac Co. Inc. 
• Why: The plaintiff alleges the company deceptively sells mini bottles of Southern Comfort that do not contain whiskey. 
• Where: The Southern Comfort mini bottles class action lawsuit was filed in a New York federal court.

The mini Southern Comfort bottles sold at gas stations and convenience stores don’t actually contain whiskey, a new class action lawsuit alleges.

Plaintiff Christina Del Rosario filed the class action lawsuit against Sazerac Co. Inc. on Feb. 8 in a New York federal court, alleging violations of state and federal consumer laws.

According to the lawsuit, Sazerac makes and sells fruit and spice flavored liqueur under the Southern Comfort brand that lacks distilled spirits beyond a miniscule amount of “Natural Whiskey Flavor,” and is instead a “malt beverage.”

The representations that the mini bottles are “Southern Comfort” are misleading for numerous reasons, Del Rosario claims.

She says the packaging of the mini bottles contains identical colors, themes, fonts, symbols and spacing, and even the same outer grooves as the well-known whiskey brand Southern Comfort.

While federal and identical state regulations allow the product’s use of the spirit “brand name” Southern Comfort, this is not qualified with the word “brand,” which could have alerted buyers that what they were buying had little connection to the distilled spirits the beverage is known for, she alleges.

Southern Comfort mini-bottles are actually malt beverages, lawsuit alleges

The product’s actual ingredient list — “Malt Beverage With Natural Whiskey Flavors, Caramel Color and Oak Extract” — is difficult to see without a magnifying glass, the lawsuit says. 

Del Rosario says, only if a purchaser has the distilled spirit version next to the mini version, and perfect eyesight, could they notice the small print on the packaging. 

Based on investigation, the amount of whisky in the product is actually “de minimis,” equivalent to one thimble per 2,500 gallons, she says. As a result, consumers paid more than they should have for the product, the lawsuit alleges.

Del Rosario seeks to represent a class of New York consumers who bought the product, plus a consumer fraud multi-state class of consumers from West Virginia, Montana, New Mexico, Alabama, North Dakota, Nebraska, Iowa, Mississippi, Alaska and South Carolina.

She is suing under state consumer fraud laws and for breach of warranty and fraud; she seeks certification of the class action, damages, fees, costs and a jury trial. 

Meanwhile, Sazerac Co. is facing another class action lawsuit alleging it misled consumers who expect mini bottles of its Fireball Cinnamon product to contain whiskey. 

What do you think of the claims about the mini bottles of Southern Comfort? Let us know in the comments.

The plaintiff is represented by Spencer Sheehan of Sheehan & Associates PC. 

The Sazerac Co. class action lawsuit is Christina Del Rosario, et al. v. Sazerac Co. Inc., Case No. 1:23-cv-01060, in the U.S. District Court for the Southern District of New York.

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