Coca-Cola Hit With Second Lawsuit Alleging Deceptive Labeling, Lack of Tequila in Topo Chico Margarita Products

What do you imagine when you think of a margarita? (Photo: Topo Chico)

The Coca-Cola Company is being sued for a second time over accusations that its Topo Chico Margarita Hard Seltzer line misleads consumers about its central ingredient.

On Monday, Tamera Fletcher filed a class action suit against the company in Florida District Court. Her lawyers argued that certain Topo Chico products — made without tequila — capitalized on the popularity of the spirit with deceptive advertising and slogans. Fletcher believes that the alleged deceit amounts to price gouging, inviting consumers to buy imitation “margaritas” made with cheaply produced malt alcohol.

“The labeling of ‘Margarita Hard Seltzer’ across a field of agave plants suggests and tells consumers they are buying a canned version of a margarita, defined by its presence of tequila,” the filing stated. “Instead, consumers get an alcoholic beverage without tequila, replaced with an alcohol base.”

In 2023, the company with hit with a nearly identical suit against the same product in the state of New York.

Coca-Cola is not the first, and certainly not the last, to face deceptive labeling accusations over tequila-adjacent products.

Over the past three years, Bud Light Platinum Hard Seltzer, Dos Equis Ranch Water and Travis Scott’s Cacti Agave Seltzer have all been dragged into court under similar circumstances. These beverages, which recreate iconic tequila cocktails and feature taglines like “Made With Agave,” faced a reckoning when consumers realized they were not made with real spirits.

(Photo: Anheuser-Busch)

The most high-profile suit of the bunch was filed against Anheuser-Busch’s Lime-A-Rita mixed drink range in 2022. Plaintiffs Adam Kesselring and Megan Browning successfully argued that Lime-A-Rita — alongside products like Mang-O-Rita, Straw-Ber-Rita and more — were ultimately “just a flavored beer” despite posturing as cocktails. The class action suit ultimately paid out $6 million to affected consumers.

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