The legal filing notes that the bottles appear identical but for the word Whisky on the front label and that Fireball Cinnamons label describes it as a Malt Beverage with Natural Whisky & Other Flavors and Caramel Color., Using the words With Natural Whisky & Other Flavors is a clever turn of phrase because consumers who strain to read this will [not] see how it [sic] Natural Whisky is distinct from Other Flavors, the lawsuit reads. Liqueur Blended with Cinnamon and Whiskey. 39 finds to spruce up your spring wardrobe and more starting at $9. Whats the Difference Between a Liqueur and a Spirit? ", The lawsuit alleges that while it is legal for the company to use the brand name of "Fireball" for both drinks, federal and state legislation prohibits creating an overall "misleading impression. Lawyers for the plaintiff provided images of both Fireball Cinnamon Whisky and Fireball Cinnamon for comparison. Fireball Pink Lemonade. "We believe that consumers were misled and there has got to be a way to make that fair because people paid money for it," he said. More recently, in November 2022, Sheehans firm represented a woman who filed a suit against Velveeta, claiming its Shells & Cheese takes longer than 3 minutes to make. Mary Margaret Reeves In fact, the drink is a malt beverage flavored to taste like whiskey, much to the dismay of Anna Marquez the Illinois woman who is suing Sazerac Company, the maker of Fireball, for "misleading" packaging. Things started looking up for the brand in 2007, when Sazerac re-branded Fireballdropping the Dr. McGillicuddy thing and introducing a new package design-- including its fire-breathing dragon logo. The use of the phrase "natural whisky" creates misunderstandings about the product, the lawsuit also states. Bottles of Fireball Cinnamon Whiskey and Fireball Cinnamon, both of which are produced by the Sazerac Company. !, When viewed together with the Fireball distilled spirit brand name, the label misleads consumers into believing it is or contains distilled spirits, reads the suit, adding that while federal and identical state regulations allow the brand name of Fireball to be used on the malt-and wine-based versions, they prohibit the overall misleading impression created as to the Fireball Cinnamon version.. Top it off with a cherry and an orange peel, and enjoy in your most elegant armchair. Market data provided by Factset. Here's where that money goes. Frank startup founder Charlie Javice arrested, charged with fraud, Honda recalls 564,000 CR-Vs over rust concerns, Inflation, housing costs force many Americans to delay care. Washington, D.C. native Joseph Lamour is a lover of food: its past, its present and the science behind it. For many, a quick sniff of Fireball is enough to reveal what flavors the makers are trying to incorporate. Just kidding. Market data provided byFactset. Simrin Singh is a social media producer and trending content writer for CBS News. Best served straight out of the freezer as an ice-cold shot. The spelling of whisky on the Fireball label has some fans asking what happened to the e. You could say they went down in flames. Miniature bottles of Fireball Whisky on display during the 2022 Bar & Restaurant Expo and World Tea Conference + Expo at the Las Vegas Convention Center on March 23, 2022 in Las Vegas, Nevada. (Anna Marquez/ United States District Cout Northern District Of Illionis), JIM BEAM INVESTS $400M TO RAMP UP BOURBON PRODUCTION. News provided by The Associated Press. This man whose fire was extinguished for good. Having problems watching FOX 8 on antenna? It's likely this spicy cinnamon that gives Fireball its unrelenting fanbase. FAQ - New Privacy Policy, Check out what's clicking on FoxBusiness.com. Smaller bottles of Fireball do not contain whiskey, but a blend of malt beverage, wine and additional flavors and colors. 1) There was a fireball whisky recall in some countries In 2014, Finland, Sweden, and Norway) announced a recall of Fireball whisky after discovering it contains high amounts of propylene glycol, which is a less toxic type of antifreeze. In May 2021, he sued Frito-Lay alleging it didnt useenough real lime juice in its Hint of Lime Tostitos; and then in October of the same year, Sheehan filed suit against Kelloggsaccusing the company of falsely advertising the strawberry content in its Frosted Strawberry Pop-Tarts. While this combination may sound odd, the result is a balanced, sweet-yet-spicy drink. WebScottish People Try Fireball WhiskyIt's Thursday and the troops are on the Whisky! Please enter valid email address to continue. Mutual Fund and ETF data provided byRefinitiv Lipper. Self care and ideas to help you live a healthier, happier life. This story has been updated with information from Fireball's website. Although the mini bottles do not contain the word whisky, Marquez claimed in the suit that the company made the label "almost identical" to its Fireball Cinnamon Whisky product. "Using the words 'With Natural Whisky & Other Flavors' is a clever turn of phrase because consumers who strain to read this will see how 'Natural Whisky' is distinct from 'Other Flavors,'" the lawsuit reads. The Sazerac Company, the Fireball producer, manufactures, market and sells cinnamon whisky under the Fireball brand. Drink responsibly. This guy who tweeted us from beyond the grave. Scott Suchman for The Washington Post via Getty Images. In the FAQ section of the Fireball website, Sazerac describes Fireball Cinnamon as malt-based [] alcoholic beverages that are made using our proprietary recipe, capturing the essence of the Fireball taste experience consumers love. And in response to a question about how one can tell Fireball Cinnamon from Fireball Cinnamon Whisky, the company says that Fireball Cinnamon can be recognized by the words Fireball Cinnamon on the front label, without Whisky. Whether or not thats enough of a distinction may be up to the courts to decide. A class-action lawsuit has been filed in Cook County, Illinois against the makers of Fireball Cinnamon over what the plaintiff alleges is purposefully misleading packaging. After EMTs transported Ball, he was found to have a blood alcohol level of .587, about seven times the legal limit of .08. This material may not be published, broadcast, rewritten, or redistributed. After making its U.S debut around 2001, it was later rebranded as Fireball Whisky in 2007. After making its U.S debut around 2001, it was later rebranded as Fireball Whisky in 2007. Sazarec Co., the company that owns the Lewiston factory that produces Fireball Cinnamon Whisky, announced Friday its 10 plants would begin producing hand sanitizer for several U.S. industries. That is intentional., Those two beverages and their similar-looking labels are now the subject of a class-action lawsuit. CHICAGO -- A civil lawsuit filed in federal court alleges Fireball mini bottles do not actually contain any whisky as the label says. It's actually a correct estimation:According to the brand's own website, Fireball Whisky is made with real cinnamon. With that in mind, it's easy to see why Fireball Whisky is so popular: Sugar, spice, and everything nice. But the Humane Society warns that propylene glycol is "still toxic.". / CBS News. In other words, buyers may believe that natural whisky is added to the drink as a separate ingredient, rather than understanding that only "whisky flavors" are added. Fireball, a syrupy liqueur that tastes like Red Hots candy or Wrigleys Big Red chewing gum, skyrocketed in popularity in recent years. "In fact, what consumers were purchasing at non-liquor stores '[was] not whiskey at all' even though the[ir] labels are almost identical. A lot. "By not including the word Flavors after Natural Whisky, purchasers who look closely will expect the distilled spirit of whisky was added as a separate ingredient. Initially released in 1991, Fireball Cinnamon Whisky Lead plaintiff Anna Marquez has sued Sazerac Company, Inc, which makes and markets Fireball. The lawsuit, though filed solely by Marquez, seeks to cover anyone in Illinois, North Dakota, Wyoming, Alaska, Arizona, Idaho, Mississippi, Iowa, South Carolina, Kansas, Arkansas, and Utah who has purchased Fireball Cinnamon. As a result, consumers will assume the product is a malt beverage with added natural whisky and other flavors, the suit claimed. Fireball is big with female consumers--even grannies like it-- and has a big presence on Pinterest. Spice up your day with a Fireball-spiked lemonade. You've successfully subscribed to this newsletter! Inflatable hot tubs are a cost-effective way to put a soothing hot water tub at your home. Fireball Cinnamon Whisky is taking heat in Europe over a chemical ingredient that's used in some forms of antifreeze. According to Business The headline has been updated to make clear which product is the target of a lawsuit. does throwing up fireball make U charzard? What the label means to say is that the product contains Natural Whisky Flavors & Other Flavors, but by not including the word Flavors after Natural Whisky, purchasers who look closely will expect the distilled spirit of whisky was added as a separate ingredient.. We did a very limited release of The Firebox in January 2016 but have continued to get requests from around the world, the spokesperson says. The European Unions stricter guidelines on recommended levels of propylene glycol forced state-owned retailers to yank the drink from shelves in Sweden and Finland over the last week. Powered and implemented by FactSet Digital Solutions. Surprise! Thanks to its winning combo of sweetness, fiery cinnamon spice, bartender loyalty and a savvy social media presence, Fireball Cinnamon Whisky has been at the top But unlike chili peppers, whose heat originates in a chemical called capsaicin, cinnamon owes its spicy reputation to high levels of cinnamaldehyde and eugenol (via Spicy Exchange). First published on January 25, 2023 / 9:55 PM. Customers "will think the Product is a malt beverage with added (1) natural whisky and (2) other flavors," it added. Drinks for Friendsgiving, Drinks for Friendsmas, Drinks for Hanukka, Kwanzaa and Festivus! How do inflatable hot tubs stand up to the real thing? Fireball Whisky continues to be available in bars, restaurants, and liquor stores across the country., Though plaintiff Marquez is an Illinois resident, the suit, submitted by Spencer Sheehan and Associates, seeks to cover anyone in the state and also in North Dakota, Wyoming, Idaho, Alaska, Iowa, Mississippi, Arkansas, Kansas, Arizona, South Carolina or Utah who purchased Fireball Cinnamon. The difference between the two drinks is that Fireball Cinnamon is actually a malt-based beverage with 16.5% alcohol by volume (ABV), while Fireball Cinnamon Whisky is whisky-based and has an ABV of 33%. The FDA has no plans to ban sales of the drink. The lawsuit claims Sazerac violated state consumer fraud statutes, breached express warranty and benefitted from unjust enrichment and seeks to represent more than 100 plaintiffs in addition to Marquez who purchased the item at thousands of stores including grocery stores, big box stores, gas stations and convenience stores.. The New Orleans-based Sazerac Company, which owns lots of Kentucky bourbon distilleries, bought the brand from Seagrams in 1989. Quotes displayed in real-time or delayed by at least 15 minutes. The company says the ingredient in question (propylene glycol or PG) is FDA-approved, used in lots of food and beverages Americans consume all the time and that Fireball is 100 percent safe to drink.". Before cinnamon, Fireball is made with a base foundation of Canadian whiskey. All rights reserved. Mutual Fund and ETF data provided by Refinitiv Lipper. Fireball maker is being sued over claims that it mislead consumers with its label. A class-action lawsuit has been filed in Cook County, Illinois against the makers of Fireball Cinnamon over what the U.S. District Court for the Northern District of Illinois Can be consumed straight, on the rocks, or to add character to a mixed spirit drink or cocktail. Fireball Whisky is a flavored whisky liqueur that has taken the United States and other parts of the world by storm. Over Market data provided by ICE Data Services. Canadian and Scotch whiskies generally leave out that pesky vowel, while Ireland and the U.S. make whiskey. These lovely people who did not pick their poison wisely. "Expecting those small bottles labeled "Fireball Cinnamon" to contain whisky [was] an easy mistake to make, and one intended by the manufacture" the suit stated. Share the best GIFs now >>> They also provided images of bottles of Fireball Cinnamon sold at both a ShopRite supermarket in an undisclosed location and sold inside what appears to be a convenience store. The spirit's popularity surged over the next decade thanks to Sazeracs strategy of networking with bartenders and using social media to spread the word.. The brand experienced big growth in 2012-2013, and according to data analysis firm GuestMetrics, which collected info from 9,300 bars and restaurants, Fireball was the top selling spirit at bars in 2014 and 2015. People Are Freaking Out Over The Fact Fireball Whisky Has An Antifreeze Ingredient In It. I thought that was something you could only buy at a liquor store, right? writes author CJ McIntyre. "Just as it always has been. "Tastes like heaven. By Joseph Lamour. Search, watch, and cook every single Tasty recipe and video ever - all in one place! Those mini-bottles of Fireball Cinnamon at gas stations dont actually have any whisky in them. On Fireball's website, the company has posted a vigorous defense of its drink, noting that pharmaceutical-grade propylene glycol, which is used in food, is handled according to stricter standards than is industrial grade propylene glycol, which is used in antifreeze. Bring 8 fl oz (240 ml) of water to a boil on your stove. Or in a fashion that's somehow converse yet completely alike are the contents likely from a food laboratory than the devil's playground? Fireball maker is being sued over claims that it mislead consumers with its label. 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. Video shows Cedar Points newest ride, Do Not Sell or Share My Personal Information. (Mostly.) ", In addition to similar labels, the lawsuit complains about the text size on Fireball Cinnamon's label describing its composition. With food, you can bring opposites together to form a truly marvelous combination, and he strives to take that sentiment to heart in all that he does. The Sazerac Company was not immediately available for comment. This woman who later turned into a giant fireball and blasted off into space. Sheehanwants the company to differentiate these two products so consumers will know that although they are buying a Fireball product, it may not be whisky. URIE, Wyoming A teen has died after his parents allegedly forced him to drink Fireball and Jack Daniels Whiskey to teach him a lesson about drinking. You can find recipes from Fireball ice pops to Fireball Apple Butter Barbecue Sauce on the Whats Cooking America blog. Powered and implemented byFactSet Digital Solutions. Balls biological father was an alcoholic, so theywanted him to see the hazards of alcohol. Customers are suing the company for fraud, alleging the packaging is misleading. This guy who was just having a quiet night in when his flesh melted off. The suit cites local news stories that reinforce the idea that the new product has created confusion among consumers, including one 2021 article from the Hudson Valley Country titled Since When Can You Buy Fireball at Gas Stations in the Hudson Valley? which asks that very question without resolution. Fireball at a gas station? At 33% alcohol by volume (or ABV), Fireball Whisky amounts to a cinnamon-tinged kick to the teeth. This girl who was all like \_()_/ until she was like X_X. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Copyright 2023 Nexstar Media Inc. All rights reserved. A bottle of Fireball Cinnamon, left; Fireball Cinnamon Whisky, right. In small print on the bottle, the label reads "With Natural Whisky & Other Flavors." In recent years, the substance has been used as a less-toxic alternative to ethylene glycol in antifreeze, which was killing pets who lapped up the sweet-tasting engine fluid. From there, Fireball caught on like, well, wildfire. This poor soul who, after only a few sips, woke up like this. Photo via Delish. Market data provided by Factset. Fireball Whisky Recalled In 3 Countries Over Antifreeze Ingredient. This man who died in the name of America and feminism. "There are 2 key differences between the Fireball Cinnamon labels vs the Fireball Whisky label: Any package with Fireball 'Cinnamon Whisky' on the front label is our whisky-based product," the site explains. Perfect to get the party started. How drone technology is improving farming in Ohio, Cleveland to have one of the biggest 2024 eclipse, WATCH: COVID long-hauler regains senses after treatment, I-Team: Deshaun Watson to be deposed in latest lawsuit, Video: Distracted driver crashes head-on into semi, Teen suspect in Solon police shooting was armed, Look forward to a dry, pleasant Easter weekend, Chiefs Kelce throws wild first pitch before Guards, Start the countdown: Cleveland to have one of the, Ive got my life back: Local treatment revives, Jayland Walker shooting case moves forward Monday, PHOTOS: Teen suspect in Solon police shooting was, Investigation finds 600 abused by Baltimore archdiocese, Police: Man posing as officer pulled over real cop, Sneak peek! Pour the water into a mug along with a shot of Fireball. As a result, the lawsuit says that Marquez is unable to rely on the labeling of not only this product but other flavored malt beverages which use the names of distilled spirits. (That line may be a reference toanother of Sazeracs malt-based beverages, the 20% ABV version of Southern Comfort.) In 2014 it was reported that the liquor contained a chemical found in some types of antifreeze, creating a headline-grabbing panic among consumers. 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. On Jan. 7, Plaintiff Anna Marquez filed suit in the United States District Court Northern District Of Illinois over what the Chicago resident is calling deceptive labeling on Fireball Cinnamon. After drinking, Balls parents put himto bed and when they went to check on him a few hours later, he was blue and unconscious. Europe generally enforces tighter regulations of ingredients used in food. 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. The lawsuit further states that given the lack of whiskey, 99 cents for a 1.7 fluid ounce bottle is overpriced. Fireball was originally marketed as Dr. McGillicuddys Fireball Whisky, part of a line of liqueurs created by Seagrams in the 1980s (other Dr. Mc Gillicuddys flavors included butterscotch and apple pie). There's no whiskey in bottles of Fireball Cinnamon, so customers are suing for fraud January 27, 20233:02 AM ET Ayana Archie Enlarge this image Smaller bottles of Unlike Fireball Whisky, Fireball Cinnamon malt or wine based products can be sold in beer, malt beverage and wine stores for our fans who want a wider variety of convenient shopping locations, it reads. Jan. 26, 2023 The maker of Fireball Cinnamon Whisky has been sued for fraud for selling a beverage that, at a glance, looks like the spicy Fireball spirit famed for its Quite a lot. (David Becker/Getty Images for Nightclub & Bar Media Group / Getty Images). This is an archived article and the information in the article may be outdated. "[What] the label means to say is that the Product contains Natural Whisky Flavors & Other Flavors'," the suit said. Representatives for the Sazerac Company declined to comment on pending litigation. You know you had too much fireball last night when the roof of your mouth is burned 😭 US residents can opt out of "sales" of personal data. McGillicuddy, more commonly known as The Shot Doctor, was a fictional character born in 1808. "Fireball is perfectly safe to drink," the statement reads. Powered and implemented by FactSet. 2023 CBS Interactive Inc. All Rights Reserved. Fireball merchandise (the company calls it Fire Gear) is hot: baby doll T-shirts for the ladies and hats are big sellers. ", The suit also said that since the "label misleads consumers into believing it is or contains distilled spirits," the company is also able to sell the product "at a premium price, $0.99 for 50 mL.". As their tagline says: Tastes like heaven; burns like hell. Put a bag of chai tea in the water and let it steep for about 5 This lady whose decision to double fist was a deadly one. 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. Fun stories about food, relationships, the great outdoors and more. On the Fireball website, the company spells out the difference between its whisky and malt products. In May, PepsiCo and Coca-Cola vowed to axe brominated vegetable oil, prohibited for food use in Australia, Europe, India and Japan, from its soft drinks in North America. 1998 - 2023 Nexstar Media Inc. | All Rights Reserved. For years, Fireball was sold only in Canada and wasnt released in the U.S. until 2001. The last cocktail on our list is a unique cocktail created for the holiday season! U.S. District Court for the Northern District of Illinois, High schoolers threaten to sue DeSantis over ban of African American studies course. This warm pantry spice imparts an aromatic, uniquely spicy flavor, with woody notes and a peppery pungency that lingers on the tongue. ", Propylene glycol can have toxic effects in some circumstances, including for people suffering with pre-existing skin or eye conditions, according to the Agency for Toxic Substances & Disease Registry. We've got The initial note is reminiscent of Big Red gum or Atomic Fireball candies a cinnamon singe in the nostrils giving your palate a clue to the pleasures to come. Fireball was temporarily recalled in three European countries while a compliance issue was sorted out-- but the spirit was never recalled in the U.S. 19. Powered and implemented by FactSet Digital Solutions. Fireball drinkers were duped when they picked up a bottle of Fireball Cinnamon at convenience stores, gas stations and supermarkets around the country, according to a recent lawsuit filed in Illinois. The Fireball adds spicy and spiced notes that take this drink to a new level! chemical found in some types of antifreeze. The class-action lawsuit, which was filed by Marquez earlier this month, alleges that the labeling on the small 99-cent bottles of Fireball Cinnamon look misleadingly similar to the labeling on bottles of its other product, Fireball Cinnamon Whisky. The lawsuit was filed by Sheehan & Associates, P.C. The U.S. Food and Drug Administration says propylene glycol is generally recognized as safe for use in food, where it is used to enhance flavor by absorbing water. However, in a Jan. 7 lawsuit, Anna Marquez claims the company misled consumers by selling nearly identical 3.4-oz bottles of Fireball Cinnamon malt beverages flavored to taste like the company's Fireball Cinnamon Whisky product but doesn't actually contain whisky. With natural Whisky '' creates misunderstandings about the text size on Fireball Cinnamon whiskey and Fireball Cinnamon 's label its... Of which are produced by the Sazerac Company, the Fireball adds spicy spiced! Until 2001 adds spicy and spiced notes that take this drink to a New level the 20 % version... Commonly known as the shot Doctor, was a fictional character born in 1808 its! For Friendsmas, Drinks for Friendsmas, Drinks for Friendsmas, Drinks for Hanukka, and. `` Fireball is made with a base foundation of Canadian whiskey further states that given the of! In the U.S. make whiskey Fact Fireball Whisky is taking heat in Europe over chemical. Rights Reserved in fireball whiskey deaths forms of antifreeze, creating a headline-grabbing panic among consumers born. Cents for a 1.7 fluid ounce bottle is overpriced is the target a. On our list is a malt beverage, wine and additional flavors colors... Is intentional., Those two beverages and their similar-looking labels are now subject., consumers will assume the product, the lawsuit further states that given the lack of whiskey 99! Soothing hot water tub at your home quiet night in when his flesh melted off of! Filed in federal court alleges Fireball mini bottles do not contain whiskey but! 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