Fireball, Parrot Bay drinkers win class action lawsuit certification over lookalike malt drink labels

Sazerac class action lawsuit overview:

• Who: A pair of class action lawsuits filed against Sazerac Co. Inc. by consumers Sharon Pizarro and Cindy Koonce have been certified as class actions by a New York federal judge.
• Why: The Sazerac class action lawsuits claim Sazerac uses misleading labeling on its Fireball and Parrot Bay malt-based alcoholic beverages.
• Where: The Sazerac class action lawsuits were filed in New York federal court.

A New York federal judge has certified two class action lawsuits against Sazerac alleging the company uses misleading labeling on its Fireball and Parrot Bay malt-based alcoholic beverages.

Plaintiffs Sharon Pizarro and Cindy Koonce claim Sazerac’s labeling of its Fireball and Parrot Bay malt-based alcoholic beverages misleads consumers into believing they contain distilled spirits.

Judge Kenneth Karas of the United States District Court for the Southern District of New York issued an order certifying the Sazerac class action lawsuits on Sept. 18, after determining that the plaintiffs met all of the requirements for certifying a class action.

Pizarro and Koonce claim Sazerac’s labeling of its malt-based Fireball and Parrot Bay alcoholic beverages violates sections 349 and 350 of the New York General Business Law.

The plaintiffs allege Sazerac’s labeling is misleading because the malt-based beverages are sold with labels and in packaging that is nearly identical to the company’s distilled spirits products, Fireball Cinnamon Whisky and Parrot Bay Rum.

Sazerac class action lawsuits accuse company of misleading customers

The Sazerac class action lawsuits allege consumers are misled into believing the malt-based beverages contain distilled spirits.

Karas determined the plaintiffs satisfied the requirements for class certification, including numerosity, commonality, typicality and adequacy, and that they showed that common questions of law or fact predominate over individual questions and that a class action is the superior method for adjudicating the claims.

The Sazerac class action lawsuits are looking to represent all individuals who purchased Fireball or Parrot Bay malt-based products in New York during the relevant class periods.

In a similar case, Cinco Spirits Group recently faced a class action lawsuit alleging it falsely advertised its Cincoro tequila as 100% agave even though it contains ethanol not derived from agave plants.

What do you think of the claims made in the Sazerac class action lawsuits? Let us know in the comments.

The plaintiffs are represented by Michael R. Reese and Charles D. Moore of Reese LLP, Spencer Sheehan of Sheehan & Associates P.C., Daniel Tomascik, and Neal Jamison Deckant of Bursor & Fisher P.A.

The Sazerac class action lawsuits are Pizzaro, et al. v. Sazerac Co. Inc., Case No. 23-cv-2751, and Koonce v. Sazerac Co. Inc., Case No. 23-cv-4323, both in the U.S. District Court for the Southern District of New York.

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