Some Fireball mini bottles don’t actually contain whiskey. Now the company is being sued.

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A lawsuit claims Fireball is utilizing misleading promoting to promote its Fireball Cinnamon product.

If you happen to’ve ever puzzled why you should buy Fireball nips at gasoline stations and comfort shops that solely have a wine and beer license, you’re not alone.

Fireball Cinnamon Whisky incorporates actual whisky. – Courtroom Paperwork

Seems it’s as a result of there are literally two kinds of Fireball nips — one which incorporates whiskey and one which doesn’t.

“Fireball Cinnamon Whisky” is similar product you’ll discover in a bigger Fireball bottle and does include whiskey. However Fireball additionally makes a product known as “Fireball Cinnamon” (sans the phrase whiskey on the finish), which is a malt beverage meant to imitate the flavour of the unique product.

The 2 merchandise look just about similar, apart from the slight change in identify and a effective print description of the product on the backside of the entrance label. Whereas Fireball Cinnamon Whisky says “whisky with pure cinnamon taste” on the underside, Fireball Cinnamon says “malt beverage with pure whisky & different flavors and caramel shade.”

To be clear, this implies the product incorporates pure whiskey taste, not pure whiskey.

Fireball Cinnamon is a malt beverage product that doesn’t include whisky and is simply meant to imitate the style of Fireball Cinnamon Whisky. – Courtroom Paperwork

A brand new class motion lawsuit out of a federal court docket in Illinois alleges that the best way Fireball Cinnamon is marketed is deceptive and leads clients to imagine they’re shopping for whiskey once they aren’t. Particularly, the lawsuit cites the same label designs and the simply misinterpreted effective print on the backside of the Fireball Cinnamon label.

“Anticipating these small bottles labeled ‘Fireball Cinnamon’ to include whiskey [is] a simple mistake to make, and one meant by the producer,’” the lawsuit reads.

In response to the lawsuit, the product has induced confusion, with some clients questioning whether or not gasoline stations and comfort shops promoting Fireball Cinnamon had been breaking the legislation by promoting whiskey.

The lawsuit explains that it’s authorized for Sazerac, the corporate that makes Fireball, to make use of the Fireball model on merchandise that aren’t whiskey, however that it’s unlawful for Fireball to create an “general deceptive impression” of the character of the product.

Fireball’s web site does clarify the distinction between the merchandise and explains why it created Fireball Cinnamon within the first place.

Fireball Cinnamon is a malt beverage product that doesn’t include whisky. That is solely defined within the effective print on the underside of the bottle. – Courtroom Paperwork

“Over time, we’ve acquired suggestions from customers wanting to buy Fireball in a greater diversity of handy buying places, together with shops that may solely promote beer, malt drinks, and wine merchandise,” it writes.

Sazerac instructed Boston.com it doesn’t touch upon pending litigation.

The federal lawsuit seeks over $5 million in damages on behalf of over 100 plaintiffs, however anybody who lives in Illinois, North Dakota, Wyoming, Idaho, Alaska, Iowa, Mississippi, Arkansas, Kansas, Arizona, South Carolina, or Utah and purchased Fireball Cinnamon can be a part of it.

The legislation agency behind the swimsuit, Sheehan & Associates, is thought for suing massive meals and beverage firms for deceptive promoting. In October 2021, Sheehan & Associates sued Kellogg for not having actual strawberry in strawberry Pop-Tarts. A number of months earlier than the Pop-Tart swimsuit, it sued Frito-Lay for not having sufficient lime juice in its Trace of Lime chips.

In response to NPR, the agency filed over 400 related lawsuits as of 2021. Fireball is simply the newest goal.