Sazerac Co. failed to convince a federal judge to dismiss a proposed class action alleging miniature bottles of Fireball Cinnamon give consumers they impression they are whisky beverages when they’re actually malt-based.
The US District Court for the Middle District of Florida on Thursday rejected Sazerac’s argument that reasonable consumers who are familiar with whisky beverages wouldn’t be misled, in part because they would know that distilled spirits aren’t sold at non-liquor stores. The mini Fireball bottles are sold at gas stations and convenience stores.
The court pointed to a ruling from another federal court over the same product that ...
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