“Reasonable consumers of the Margarita Products believe that they contain tequila,” the lawsuit claims. “However, unbeknownst to those consumers, the Margarita Products do not contain tequila.” The same applies to products Anheuser-Busch has also sold in packages conspicuouly labels as a Rose or Sangria, neither of which contain wine, and to products it packages as a Mojito or Sparkling Classic Cocktail, neither of which contain rum.
“As a result of defendant’s false and deceptive packaging, Plaintiffs and other members of the proposed class have purchased products they otherwise would not have purchased or paid more for the products than they otherwise would have paid,” the complaint says. It adds:
“Nowhere on the packaging did (plaintiff) see a disclaimer or any other statement indicating the Margarita Product does not contain tequila, or that the product is just a flavored beer.” Similar allegations are made with regard to the other products.
Interestingly, the complaint states the plaintiffs “wish to and are likely to continue purchasing the product in the future. Although plaintiffs regularly purchase alcoholic beverages, absent an injunction prohibiting the deceptive packaging and advertising described herein, they will be unable to rely with confidence on the Defendant’s pckaging of the products in the future and will therefore abstain from purchasing the products even though they would like to purchase them.”
The lawsuit asserts that A-B’s competitors sell “margaritas” that contain tequila and cites Salvador’s Classic Margarita as an example as does BuzzBox. Same goes for the sangrias and rose products.
The complaint alleges that “nowhere on the front, sides, or top panel of the packaging (the consumer facing panels) does the Defendant state the products do not have distilled liquor or wine or that the products are actually just flavored beers that taste like margaritas, mojitos or wines. Instead, the bottom panel of the packaging, where no reasonable consumer would look to purchase, contains a small font statement indicating the products are malt beverages.”
We asked A-B InBev for comment. If they respond, we’ll share that with you.