Casamigos and Don Julio tequilas aren’t ‘100% agave’ as advertised, class action lawsuit claims

Diageo tequila class action overview:

• Who: Three consumers filed a class action lawsuit against Diageo North America Inc.
• Why: The plaintiffs allege Diageo falsely markets its “superior” tequila brands and sells adulterated tequila to consumers.
• Where: The Diageo class action lawsuit was filed in New York federal court.

A new class action lawsuit alleges Diageo North America Inc. falsely markets its highly popular tequila brands as 100% agave but sells adulterated tequila to consumers.

Plaintiffs Avi Pusateri, Chaim Mishulovin and Sushi Tokyo Inc. filed the class action complaint against Diageo on May 5 in New York federal court, alleging violations of state and federal consumer laws.

According to the class action lawsuit, Diageo markets its Casamigos tequila brand as a “super-premium tequila brand” and its Don Julio brand as a “luxury tequila.” Further, Diageo labels every bottle of Casamigos tequila as “Tequila 100% Agave Azul” and its Don Julio bottles as “100% de Agave,” the plaintiffs say.

The plaintiffs argue that an investigation into Casamigos and Don Julio tequilas revealed the products “consist of significant concentrations of cane or other types of alcohol rather than pure tequila.” They argue the company knew its tequila brands were adulterated. 

The class action claims tequilas that are not 100% agave are commonly referred to as “mixto” and labeled as “tequila” minus the “100% agave” claim. 

Diageo charged premium prices for less than 100% agave, class action alleges

The plaintiffs say consumers pay a premium price for spirits made from 100% Blue Weber Agave because it is a crop that takes longer to grow and is more difficult to harvest and produce than other spirits, such as vodka and gin.

They claim they paid super-premium prices for Casamigos and Don Julio tequila, but they received neither a premium product nor 100% Blue Weber Agave tequila.

“If Plaintiffs and the proposed class members had known the truth of the ingredients in the Product, they would not have bought Diageo tequilas or would have paid less,” the Diageo tequila class action lawsuit states.

The plaintiffs want to represent anyone who purchased Diageo’s product in New York or New Jersey during the applicable statute of limitations. 

They are suing for violations of New York and New Jersey consumer laws and unjust enrichment and are seeking certification of the class action, damages, fees, costs and a jury trial.

In other tequila-related news, consumers filed a class action in 2024, claiming that Chi-Chi’s Original Margarita mini bottles deceivingly contain malt beverage instead of the tequila and triple-sec that the larger bottled version contains.

What do you think of the allegations in this Diageo tequila class action? Let us know in the comments.

The plaintiffs are represented by Nathaniel A. Tarnor of Hagens Berman Sobol Shapiro LLP and Robert J. Tolchin of The Berkman Law Office LLC.

The Diageo tequila class action lawsuit is Pusateri, et al. v. Diageo North America Inc., Case No. 1:25-cv-02482, in the U.S. District Court for the Eastern District of New York.

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