Lawsuit involving Fireball and Parrot Bay to move forward

A judge has given the green light for a class action lawsuit against Sazerac over allegations of misleading customers with malt-based versions of Fireball and Parrot Bay.
Fireball generally carries an ABV of 33%, whereas the malt-based version only has 16.5%. The lawsuit was initiated by Sharon Pizarro in February 2023, following an accumulation of evidence by journalists throughout several years. Cindy Koonce filed another complaint in May 2023.
Class action status was granted by Judge Kenneth M Karas on 18 September, expanding the suit to anyone in New York who purchased Fireball Malt (from 2 April 2020) or Parrot Bay Malt (from 24 May 2020) unless they opt out.
The lawsuits rely on journalist-led investigations indicating that Sazerac sold non-distilled products designed to resemble spirits in gas stations in Virginia, the Carolinas, and New York. Selling spirits in these states is only allowed in government-licensed Alcohol Beverage Control stores. Reports suggest that many of these products were produced by Brookstone Distillery Company, which the plaintiffs claim is a Sazerac subsidiary.
Pizarro’s complaint focuses on Fireball bottles in New York gas stations, claiming they are not Fireball Cinnamon Whisky at 33% ABV but a malt-based Fireball Cinnamon at 16.5% ABV. She purchased Fireball Cinnamon between 2021 and 2023 under the false impression it was whisky because of the label’s striking similarity to the original product.
Koonce’s lawsuit addresses Sazerac’s misrepresentation of Parrot Bay Malt Beverages. The ‘original’ Parrot Bay rum is advertised as having an ABV of 21% with coconut flavour, but the malt product contains only 16.5%. The lawsuit alleges that the omission of ‘rum’ from the label in small print misleads consumers.
The two lawsuits, consolidated in June 2023, faced multiple dismissal motions from Sazerac, yet the judge has allowed them to move forward. Sazerac has not provided comments on the matter.
Recently, Sazerac introduced a new flavor for Fireball called Blazin’ Apple.