Homeowners File Whiskey Fungus Class Action Lawsuit

A class action lawsuit has been filed against three Louisville whiskey makers, alleging ethanol vapors given off during the aging process are leaving black spots called “whiskey fungus” on nearby cars and homes that are causing permanent property damage.

The class action lawsuit was filed on behalf of neighboring homeowners who claim a fungus in the vapors is leaving a nonlethal, sooty mold on surfaces near the distilleries. Plaintiffs say the companies need to do a better job of “managing their emissions.”

“It’s a question of controlling what has been known to permanently color and damage the surfaces” of cars and homes near distilling and whiskey warehousing operations, an attorney for the lead Plaintiff said.

He said Louisville Metro Air Pollution Control District has been investigating complaints of black spots on some homes and cars near liquor-making operations and had recently tested spots at the home of the lead Plaintiff, Joseph M. Billy. The testing detected baudoinia compniacensis, which is known commonly as “whiskey fungus.”

 

Whiskey fungus can only be removed “with extreme measures,” such as high-pressure washing, requiring Class Members to spend an “abnormal amount of time and money cleaning surfaces in and around their property,” the class action lawsuit states.

The whiskey fungus class action lawsuit is against Diageo Americas Supply Inc. (maker of Crown Royal, Bushmills and Johnnie Walker), Brown-Forman Corp. (maker of Jack Daniels, Canadian Mist and Early Times), and Heaven Hill Distilleries (maker of Evan Williams, Parker’s Heritage and Henry McKenna).

All three companies issued a joint statement:

“While we are sympathetic to the concerns of the Plaintiffs, the blackening of some buildings and other structures is due to a naturally occurring common mold that is found widely throughout the environment, including in areas unrelated to the production of whiskey. The companies involved do not believe that they have caused any harm to the plaintiffs or their property, and we will vigorously contest these claims.”

The whiskey fungus class action lawsuit is brought on behalf of all persons who own real property in the vicinity of the Defendants’ ethanol-emitting operations, as well as all persons who own a motorized vehicle that is regularly parked and/or stored in the vicinity, the exact radius of which will be determined later.

 

It is seeking injunctive relief and punitive, compensatory and exemplary damages for negligence and gross negligence, nuisance, trespass and strict liability.

A copy of the Whiskey Fungus Class Action Lawsuit can be read here.

The case is Joseph M. Billy, et al. v. Diageo America Supply, Inc.; Brown-Forman Corporation; and Heaven Hill Distilleries, Inc., Case No. 12-cv-284-S, U.S. District Court, Western District of Kentucky, Louisville Division.