Bacardi USA Inc. and Winn-Dixie Supermarkets Inc. shook off proposed class action claims that Bombay Sapphire gin—a product sold by the grocery chain—contains a spice that violates Florida law, after the Southern District of Florida found federal law preempts the claims.
The complaint alleged that Bombay Sapphire contains grains of paradise, a spice in the ginger family that is identified in a Florida law enacted in 1868 that criminalizes the adulteration of liquor.
The claims are preempted by the Federal Food, Drug, and Cosmetic Act and the Federal Drug Administration’s regulations, which establish that grains of paradise is generally regarded ...