If you’ve ever been confused by the miniature bottles seemingly advertising Fireball, the popular cinnamon-flavored whisky drink, now found in gas stations and supermarkets, you’re not alone — and a group of plaintiffs are now suing over the matter.
Citing two news articles pointing out that the bottles, while displaying the Fireball label, do not actually contain whiskey, lawyers representing Chicago plaintiff Anna Marquez are seeking unspecified damages against Fireball-maker, the Sazerac Company.
In the suit, Marquez and her attorneys say the mini bottles, which advertise “Fireball Cinnamon,” falsely give consumers the impression that the drinks are merely smaller versions of regular Fireball whiskey. The fine print on the bottles, which state the shots are a “malt beverage with natural whisky & other flavors and caramel color,” is deceptive because it includes the word “whisky,” they wrote.
“When viewed together with the Fireball distilled spirit brand name, the label misleads consumers into believing it is or contains distilled spirits,” the suit states.
As a result of the false and misleading representations, the suit claims, the Sazerac Company has successfully marked up the price to a “premium” of $0.99 for the 50 milliliter bottles.
A representative for Sazerac said the company does not comment on pending litigation, and referred an inquiry to the company’s Fireball Cinnamon FAQ page.