On the FAQ page of the official Fireball website, many of the pre-answered questions are devoted to the similarities and differences between Fireball Cinnamon Whisky and Fireball Cinnamon, including why the company says they created the malted version in the first place. The lawsuit claims Sazerac violated state consumer fraud statutes, breached express warranty and benefitted from unjust enrichment and seeks to represent “more than 100” plaintiffs in addition to Marquez who purchased the item at “thousands of stores including grocery stores, big box stores, gas stations and convenience stores.” “Expecting those small bottles labeled “Fireball Cinnamon” to contain whisky “ an easy mistake to make, and one intended by the manufacturer,” says the suit. “When viewed together with the Fireball distilled spirit brand name, the label misleads consumers into believing it is or contains distilled spirits,” reads the suit, adding that while federal and identical state regulations allow the brand name of Fireball to be used on the malt-and wine-based versions, they prohibit “the overall misleading impression created” as to the “‘Fireball Cinnamon’ version.” “I mean it’s cinnamon flavored whiskey!!” “Fireball at a gas station? I thought that was something you could only buy at a liquor store, right?” writes author CJ McIntyre. The suit cites local news stories that reinforce the idea that the new product has created confusion among consumers, including one 2021 article from the Hudson Valley Country titled “ Since When Can You Buy Fireball at Gas Stations in the Hudson Valley?” which asks that very question without resolution. The suit also says that even if a distilled spirit like whisky was used to manufacture flavors, it loses its classification as a spirit when blended with other ingredients - which is why the product is allowed to be sold at places Fireball Cinnamon Whisky is not. “What the label means to say is that the Product contains ‘Natural Whisky Flavors & Other Flavors,’ but by not including the word ‘Flavors’ after ‘Natural Whisky,’ purchasers who look closely will expect the distilled spirit of whisky was added as a separate ingredient.” “They will think the Product is a malt beverage with added (1) natural whisky and (2) other flavors,” the suit reads. The lawsuit further alleges that in addition to the titles of the products being too similar to tell apart, the fine-print text on Fireball Cinnamon bottles are similarly misleading, writing that the words “With Natural Whisky & Other Flavors” are a “clever turn of phrase” because “consumers who strain to read” the label will assume the phrase “Natural Whisky” is a separate item from “Other Flavors.” A representative for Sazerac, the makers of both Fireball products, tells the company does not comment on ongoing litigation.
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