‘The Label Misleads Consumers’: Fireball Cinnamon Producer Sued in Class Action Lawsuit

At a glance, can you tell the difference between Fireball Cinnamon Whisky and Fireball Cinnamon? (Photos: ClassAction.org)

A class action lawsuit has been brought against spirits giant Sazerac over its Fireball brand.

The lawsuit alleges that Fireball’s “Fireball Cinnamon” beverage is misleading due to its packaging, which is very similar to Fireball’s Cinnamon Whisky, a different product.

Fireball Cinnamon, a malt beverage that contains no whisky, was released in 2020. It features an ABV (16.5%) half of the original Fireball Cinnamon Whisky’s 33%.

The complaint alleges that the front label of Fireball Cinnamon is identical to that of Fireball Cinnamon Whisky, save for the word “Whisky” and small text reading identifying the drink as “Malt Beverage With Natural Whisky & Other Flavors and Carmel Color.” Fireball Cinnamon does not contain distilled spirits, making it distinctly different than Fireball Cinnamon Whisky.

“When viewed together with the Fireball distilled spirit brand name, the label misleads consumers into believing it is or contains distilled spirits,” the lawsuit reads.

Read More: Is Fireball Whiskey?

This “Fireball Cinnamon” is frequently sold in locations such as gas stations, including in states where selling liquor in non-liquor stores is illegal, leading to confusion — until consumers realize the small bottles are malt beverages with half the alcohol content.

The lawsuit takes umbrage with the label’s fine-print phrasing.

“Using the words ‘With Natural Whisky & Other Flavors’ is a clever turn of phrase because consumers who strain to read this will see how it ‘Natural Whisky’ is distinct from ‘Other Flavors,'” the lawsuit states. “They will think the Product is a malt beverage with added (1) natural whisky and (2) other flavors.”

The lawsuit explains that the label means that the product contains “natural whisky flavors” but by not adding the word “flavors” after natural whisky,” it is likely to mislead customers into believing the product contains natural whisky.

Unlike whisky, a distilled spirit, malt beverages like Fireball Cinnamon use fermentation to create a base. Flavors and coloring may then be added to this base.

The lawsuit aims to cover anyone in Illinois, North Dakota, Wyoming, Idaho, Alaska, Iowa, Mississippi, Arkansas, Kansas, Arizona, South Carolina or Utah who purchased Fireball Cinnamon during the statute of limitations period.

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