Bacardi Dodges Class Action Over ‘Banned’ Ingredient in Bombay Sapphire Gin, Rules Eleventh Circuit

Bacardi  Bombay Sapphire Gin Class Action Lawsuit Overview: 

• Who: The Eleventh Circuit upheld the dismissal of a class action lawsuit filed against Bacardi by Uri Marache. 
• Why: The appeals court upheld a lower court’s decision dismissing Marache’s claims that Bombay Sapphire gin contained illegal ingredients and is adulterated in violation of Florida state law.
• Where: The class action lawsuit was litigated in the Eleventh Circuit Court of Appeals.

Bacardi has escaped a class action alleging it includes a banned ingredient in its Bombay Sapphire Gin under a recent ruling by the Eleventh Circuit Court of Appeals.

Plaintiff Uri Marache claimed Bacardi deceived consumers and violated Florida’s Deceptive and Unfair Trade Practices Act (FDUTPA) by making its Bombay Sapphire Gin with Grains of Paradise.

The Bacardi class action lawsuit alleged that Grains of Paradise, known for its warming and digestive characteristics, constituted an illegal additive to the gin under Florida law. 

Bacardi Bombay Sapphire Gin Additive ‘Permitted’ Under Federal Law, Says Appeals Court Tossing Class Action

The appeals court agreed with the lower court that Marache had failed to plausibly claim actual damages and that his FDUTPA claim was barred by a safe harbor provision. 

“Because grains of paradise is a substance that is specifically permitted under federal law to be included in alcohol, FDUTPA’s safe harbor applies and Marrache’s FDUTPA claims against defendants are barred by the safe harbor provision of FDUTPA,” the panel said. 

The Eleventh Circuit also agreed with the lower court’s dismissal of unjust enrichment claims and ruled it had not abused its discretion by not giving Marache a chance to amend his complaint. 

Further, the panel said during oral arguments that it found it hard to agree that Bacardi is deceiving its customers since the company engraves on its Bombay Sapphire Gin bottles that it is made with Grains of Paradise, reports Law360. 

Marache argued that, despite this, the deception came from consumers being made to think that the inclusion of Grains of Paradise was legally compliant. 

Do you believe Bacardi deceived its customers by making its Bombay Sapphire Gin with Grains of Paradise? Let us know in the comments! 

The plaintiff is represented by Maury L. Udell of Beighley Myrick Udell & Lynne PA and Douglas H. Stein of Douglas H. Stein PA.

The Bacardi Bombay Sapphire Gin Class Action Lawsuit is Marrache v. Bacardi U.S.A. Inc., et al., Case No. 20-10677, in the U.S. Court of Appeals for the Eleventh Circuit.

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