‘Decidedly, Not Rum’: Parrot Bay Sued In Class Action Lawsuit for Misleading Consumers

Can you spot the difference between the bottles from these two TikToks? (Photo: b.richsociety/TikTok and kylebaysinger/TikTok)

A class action lawsuit has been brought against spirits giant Sazerac over its popular rum brand, Parrot Bay. This comes after a wave of lawsuits against the company over similar labeling issues. 

The lawsuit filed with the U.S. District Court for the Southern District of New York alleges that the Parrot Bay mini bottles are not “true Parrot Bay Rum,” in reality, the product is a malt beverage with less than 20% Alcohol By Volume.

“When individuals buy Parrot Bay rum – as they do other rums – the alcohol content is a major component, if not the driving force, of the decision to purchase an alcoholic beverage,” the lawsuit reads.

The Plaintiff argues that Sazerac uses the “familiar nature” of its symbol for Parrot Bay, including its tropic-themed logo, to sell products “that are, decidedly, not rum.” 

“Plaintiff, like all reasonable consumers, relied on this label to her detriment, and suffered injury in the form of the purchase price,” the Parrot Bay class action states.

Unlike rum which is made from distilled sugar products, malt-based beverages are made from fermented cereals and use flavorings to achieve similar flavor notes. 

“A consumer familiar with Parrot Bay and with rum-branding in general who purchased the Malt would have to scrutinize farther than the reasonable consumer is expected to for them to understand there is no rum,” the Parrot Bay class action states. 

Both the rum-based and the malt-based bottles of rum say Parrot Bay with the only visual difference being the 90 printed on some of the former. The 90 refers to the proof of the rum (45% ABV) which is the standard for the large format bottles that also display the proof.  The malt-based mini bottle only contains 16% ABV. There is another version that is 21% ABV, but is also made from a rum base.

The different mini bottles of Parrot Bay are almost undiscernible from one another and consumers may not be able to immediately tell the difference in product. 

The plaintiff is seeking a jury trial and requests declaratory relief along with an award of compensatory, statutory and punitive damages for all class members.

This is the third lawsuit of a similar nature filed against Sazerac. Previously, class action suits were imposed on the spirits company for its misleading labels on mini bottles for both its Fireball Whiskey and Southern Comfort brands. We will see if the third time is indeed the charm for Sazerac. 

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