Diageo Accused in 3 Separate Class Action Lawsuits of Falsely Marketing Casamigos, Don Julio as 100% Agave

(Photo: Casamigos)

Diageo, the global spirits giant that owns more than 200 brands worldwide, is being sued in a new pair of class action lawsuits alleging false marketing. The allegation is related to the company calling its tequilas 100% agave — bringing the grand total of these active lawsuits to three.

Casamigos, the popular brand founded by George Clooney, and Don Julio, the top-selling tequila brand in the world’s best bars, are each at the center of a class-action complaint, filed in Miami-Dade County, Florida and San Francisco, California.

Both lawsuits were filed by customers who say they purchased Don Julio and Casamigos products but say they would have either not purchased or paid less for the tequilas if they had “known the truth of the ingredients in the products,” the Florida lawsuit states.

Both suits are calling for jury trials.

The Tequila Regulatory Council, better known as the CRT, mandates that a tequila labeled “100 percent agave” must be made only from Blue Weber agave and cannot contain more than 1% by volume of additives. The lawsuits claim Diageo’s products contain alcohol from cane or other sugars — which would make it as a mixto, which can’t be labeled 100% agave.

This is not the first class-action lawsuit to strike Diageo over these claims; that came in May, when a New York suit made the same case about the same brands, seeking $5 million.

The California suit is unique from the Florida and New York cases in two ways. First, it was filed as a Racketeer Influenced and Corrupt Organizations (RICO) case, according to Drinks International, meaning plaintiffs can recover “threefold the damages suffered.” Second, it’s the first of the lawsuits to include results of lab analysis of Diageo products.

The suit alleges that samples of Casamigos Blanco and Don Julio 1942 Añejo each contained about 33% ethanol derived from agave, while Casamigos Reposado  and Don Julio 1942 Blanco came in at 42% — all far below the 51% minimum.

Diageo has refuted the allegations made in the New York case, saying: “These claims are meritless, and we plan to vigorously defend ourselves in court,” according to Drinks International.