Bud Light Lime-A-Rita Is Not ‘Light,’ Plaintiffs Tell 9th Circuit

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On appeal to the federal Ninth Circuit, a group of consumers are trying to revive claims that Bud Light Lime-A-Rita and similar drinks are deceptively labeled.

Plaintiffs Sheila Cruz, Deborah Esparza and Catherine Silas are appealing the dismissal of their false advertising class action lawsuit, alleging the use of the word “Light” on the labels of defendant Anheuser-Busch’s ‘Rita line of drinks constitutes deceptive advertising. The trial court dismissed the Bud Light lawsuit in June 2015 for failure to state a claim.

On appeal, Anheuser-Busch says the labels for Bud Light Lime-A-Rita were approved by the Alcohol and Tobacco Tax and Trade Bureau before those labels were ever used on a marketed product. The company argues that agency approval gives it a “safe harbor” from legal action challenging the content of the label.

The company also cites a Frequently Asked Questions list on the Bureau’s website that purports to explain the provisions of Ruling 2004-1, a formal agency rule that governs use of the word “Light” in labeling. Anheuser-Busch says this FAQ specifically permits it to use the word “Light” on the packaging of its Bud Light Lime-A-Rita products.

The plaintiffs rebut that Anheuser-Busch did not rely on an actual agency rule but merely on an FAQ on an agency website – and that reliance on an FAQ is hardly enough to shield Anheuser-Busch from liability. They say that according to the actual language of Ruling 2004-1, a food label may use the word “Light” only if it’s accompanied by a “statement of average analysis” that lays out the calorie, carbohydrate, protein and fat content per container or per serving.

Cruz filed this class action lawsuit in 2014 and was later joined by plaintiffs Esparza and Silas. Cruz said she bought Bud Light Lime-A-Rita in reliance on its labeling as a Bud Light or Bud Light Lime product, understanding that meant the drink would be low in calories and carbohydrates.

After purchasing the product, Cruz says she discovered that Bud Light Lime-A-Ritas had 192 to 220 calories per eight-ounce serving – compared to 145 calories for a full 12-ounce Budweiser, and only 110 calories for a 12-ounce Bud Light.

Given such a disparity, the plaintiffs argued that the word “Light” on the labeling for Bud Light Lime-A-Rita amounts to misbranding and false advertising. They claim that Lime-A-Ritas, far from being “Light” in any sense, are in fact the highest-calorie alcoholic beverage that Anheuser-Busch sells.

Anheuser-Busch introduced its ‘Rita line of drinks in 2012 with Bud Light Lime-A-Ritas, raking in $62 million in sales that year. Since then, the line has been joined by Apple-Ahh-Rita, Raz-Ber-Rita, Straw-Ber-Rita, and most recently Cran-Brrr-Rita.

If their appeal is successful, the plaintiffs hope to represent a nationwide Class consisting of anyone who purchased Anheuser-Busch’s Bud Light Lime-A-Rita products in the four years leading up to the filing of their class action lawsuit. They also propose to represent a subclass of such persons who live in California.

On appeal, the plaintiffs are represented by Jason Lee, Caleb Marker and Christopher P. Ridout of Zimmerman Reed LLP, and by Kevin Mahoney of the Mahoney Law Group APC.

The Bud Light Lime-A-Rita False Advertising Class Action Lawsuit is Cruz v. Anheuser-Busch LLC, Case No. 15-56021, in the U.S. Court of Appeals for the Ninth Circuit.

UPDATE: On Feb. 7, 2017, a plaintiff representing a proposed Class of Bud Light Lime-A-Rita drinkers asked the 9th U.S. Circuit Court of Appeals to revive a class action lawsuit alleging Anheuser-Busch LLC dupes consumers into thinking the beverage is low-calorie even though it is loaded with sugar.

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