Wyoming Plantiff Taking a Shot at Fireball for Whisky with No Whisky

Wyoming is one of several states participating in a class action lawsuit against the company that owns Fireball Whiskey, saying their dollar bottles are not what they seem.

“Fireball Cinnamon” debuted in 2020. It is marketed as a malt beverage flavored to taste like whiskey – sales of malt beverages, like hard seltzers, are not as tightly regulated as sales of distilled spirits, such as whiskey and vodka.

According to The Washington Post,  a close examination of the Fireball Cinnamon bottle reveals the text, “malt beverage with natural whisky & other flavors and caramel color” on the label. Otherwise, the bottles of Fireball Cinnamon and Fireball Whisky are indistinguishable from each other.

The class-action lawsuit alleges that 99-cent bottles of Fireball sold at gas stations and markets do not contain any whiskey.

The lawsuit is based on perceived deception. Because the bottles are so similar, the plaintiffs allege they have been unknowingly purchasing Fireballs with the intent to drink distilled alcohol. Instead, they’ve been getting a mouthful of a malt beverage with “other flavors.” This, according to the plaintiffs, is a violation of consumer-fraud statutes.

Sazerac Brands, the New Orleans-based company that owns the Fireball brand, is the defendant in the class-action lawsuit. The company promotes itself as a company with over 400 years of producing “celebrated and exclusive spirits” in France and the United States. However, fireball Whisky does not appear on the website.

In addition to Wyoming, plaintiffs in the case come from Alaska, Arkansas, Arizona, Idaho, Illinois, Iowa, Mississippi, North Dakota, South Carolina, and Utah.