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Whether you favor eggnog, a hot toddy, or a good ’ol fashioned holiday ale, Christmas is the season for fun and festive boozy beverages. Unfortunately, some alcoholic drinks may find themselves on Santa’s naughty list after facing class action lawsuits this year.
Bud Light ‘Platinum Hard Seltzer–Made With Agave,’ for example, was hit with claims that its drink does not contain any pure agave spirits. Ron Zacapa 23 rum faced backlash for using a bold “23” on its label despite containing a mixture of rum that is aged between six and 23 years. And Truly Hard Seltzer is the subject of a class action lawsuit claiming it does not contain any actual fruit, contrary to its advertisements.
These are just a few current alcoholic beverage class action lawsuits lodged against drink makers this year.
Here are Top Class Actions’ picks for the Top 5 Alcoholic Beverages That Made Santa’s Naughty List This Year:
#5: Fermented Sciences ‘Healthy’ Hard Seltzer
Hard seltzer brand Fermented Sciences, Inc. markets its products as being somewhat healthy, misleading customers into believing they’re doing something good for their bodies when they drink the company’s alcoholic drinks, a class action alleges.
Plaintiff Katie Kuciver filed the class action lawsuit against the company on Oct. 24 in an Illinois federal court, alleging violations of state consumer laws.
She says the company promotes the Flying Embers-branded hard seltzer and hard kombucha products as containing vitamin C, antioxidants, real botanicals, and live probiotics.
However, the packaging is misleading because it tricks consumers into expecting the products to be a “healthful source of nutrients and dietary ingredients,” outweighing any negative effects otherwise associated with alcohol consumption, the lawsuit alleges.
The Flying Embers Hard Seltzer Class Action Lawsuit is Kuciver et al., v. Fermented Sciences, Inc., Case No. 1:21-cv-05668, in the U.S. District Court Northern District of Illinois.
#4: Bud Light ‘Platinum’ Seltzer Does Not Contain Agave Spirits, Claims State
Bud Light “Platinum Hard Seltzer – Made With Agave” drinks do not contain any agave spirits as consumers are led to believe and are instead made with a cheaper, lower quality agave syrup, a class action lawsuit alleges.
The class action was filed in Illinois by lead plaintiff Stella Khaimova who alleges that Anheuser-Busch, LLC, which manufactures Bud Light-branded products, violates consumer fraud laws, and negligently misrepresents the hard seltzer products.
Khaimova says that the company’s statements on the front of the hard seltzer cans — “Platinum Seltzer,” “Made With Agave” and “8% ALC/VOL” — all indicate that the drinks are made from the popular agave spirit found in tequila and mezcal. However, the product contains “agave syrup,” as shown in the fine print ingredient list on the back of the product.
The Bud Light Platinum Seltzer False Ad Class Action Lawsuit is Khaimova v. Anheuser-Busch, LLC, Case No. 1:21-cv-05268, in the U.S. District Court Central District of Illinois Eastern Division.
#3: Ron Zacapa 23 Rum Allegedly Not Aged As Long As Branding Makes It Appear
Diageo North America uses misleading labeling to give consumers the false impression about the age of its Ron Zacapa 23 Centenario Rum, a class action lawsuit alleges.
Plaintiff Perry Michael Fischer claims Ron Zacapa 23 contains a mixture of rum that is aged between six and 23 years, despite the presence of a bold 23 and phrasing related to aging on the front of its packaging.
Fischer says he purchased Ron Zacapa 23 on multiple occasions while under the assumption it contained rum aged for at least 23 years prior to its sale because of the presence of the number 23 and the phrase “Aged At a High Altitude In Oak Barrels” on its front packaging.
The Ron Zacapa 23 Class Action Lawsuit is Fischer v. Diageo North America, Inc., Case No. 2:21-cv-07249, in the U.S. District Court for the Central District of California.
#2: Consumers Claim Travis Scott’s Cacti Seltzer Does Not Contain Agave Spirits
Anheuser-Busch’s “Agave Spiked Seltzer,” sold under the Cacti brand and touted by Houston Rapper Travis Scott, contains no agave spirits and instead uses a cheaper and lower quality agave sweetener, a false advertising class action lawsuit alleges.
The class action was filed in Illinois on Sept. 11 by lead plaintiff Rebecca Read, who alleges the company violated state fraud and business laws and committed negligent misrepresentation.
Anheuser-Busch Inbev Worldwide Inc. manufactures, labels, markets, and sells “Agave Spiked Seltzer” purporting to be “made with 100% Premium Blue Agave from Mexico and Natural Flavors for a Refreshing and Bold Taste,” according to the class action lawsuit. Rapper Travis Scott, who is also facing lawsuits after the Astroworld music festival tragedy, introduced the Cacti brand beverages made from”100% premium blue agave from Mexico” in December of 2020, Chron reports.
The Cacti Spiked Seltzer False Ad Class Action Lawsuit is Read v. Anheuser-Busch Inbev Worldwide Inc., Case No. 1:21-cv-01261-JES-JEH, in the U.S. District Court Central District of Illinois Peoria Division.
#1: Truly Hard Seltzer Flavors Falsely Advertised, According To Class Action Lawsuit
The Boston Beer Company uses misleading imagery and labeling to falsely advertise Truly Hard Seltzer flavors — duping consumers into thinking they contain fruit, a class action lawsuit alleges.
Lead plaintiffs Tatiana Galvez and James Kelly allege Boston Beer Company is misleading consumers about the ingredients in its Truly Black Cherry Hard Seltzer flavor. They claim Truly Black Cherry Hard Seltzer does not contain any black cherry but instead gets its taste from “lab synthesized ingredients.”
The Truly Hard Seltzer Flavors False Ad Class Action Lawsuit is Galvez et al v. The Boston Beer Company, Inc., Case No. 3:21-cv-01508, in the U.S. District Court for the Southern District of California.
Do you think these drinks, and the companies that make them, should make Santa’s naughty list this year? Let us know in the comments.
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