If you've ever been confused by miniature bottles branded as Fireball Cinnamon, the popular cinnamon-flavored drink found in gas stations and supermarkets, you're not alone — and now there's a lawsuit over the matter.
Citing two news articles pointing out that the bottles, while displaying the Fireball label, do not actually contain whisky, lawyers representing Chicago plaintiff Anna Marquez are seeking unspecified damages against Fireball-maker the Sazerac Company.
In the suit, Marquez and her attorneys say the mini bottles, which advertise "Fireball Cinnamon," falsely give consumers the impression that the drinks are merely smaller versions of regular Fireball whisky. The fine print on the bottles, which states that the shots are a "malt beverage with natural whisky & other flavors and caramel color," is deceptive because it includes the word "whisky," they wrote.
"When viewed together with the Fireball distilled spirit brand name, the label misleads consumers into believing it is or contains distilled spirits," the suit states.
The lawsuit was filed by Sheehan & Associates, P.C.
According to the filing, the Sazerac Company has successfully marked up the price to a "premium" of $0.99 for the 50 milliliter bottles, "as a result of the false and misleading representations."
A representative for Sazerac said the company does not comment on pending litigation and referred an inquiry to the company's Fireball Cinnamon FAQ page.
