Mini Fireball bottles don't have whiskey, now there's a lawsuit

Sep 03, 2023

TOPSHAM, ME - JANUARY 19: Allen's Coffee Flavored Brandy has long been the best selling liquor in Maine but in 2017, Fireball Cinnamon Whisky nips almost matched the sales of the brandy. Last year, the 1.75 liter bottle of Allen's Coffee Flavored Brandy had nearly $5 million in sales compared to the $4.7 million in sales for the Fireball Cinnamon Whisky nips. Tito's vodka came in third in sales at $3.46 million. Photographed at Bootlegger's Beverage Warehouse in Topsham on Friday, January 19, 2018. (Staff Photo by Gregory Rec/Portland Portland Press Herald via Getty Images)

If it looks like Fireball and tastes like Fireball...

Double-check the label.

One woman did and now she's filed a lawsuit against the makers of the popular liquor over what she feels is "indistinguishable."

Anna Marquez, who resides in Chicago, claims in a class action lawsuit against the Sazerac Company, that the contents of both the large and mini bottles of Fireball Cinnamon look the same, however, it is the mini versions that do not contain whiskey.

Thus claiming the imagery of the labels is deceiving.

In a side-by-side comparison photo featured in court documents, the mini bottles do not contain the whisky identity, but rather everything else consumers would find on the large label, leading to Marquez claiming customers are being misled.

Side-by-side comparison of Fireball bottles large and mini, which a lawsuit describes as "indistinguishable."

"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 whiskey was added as a separate ingredient," the lawsuit states.

"Fireball Cinnamon products include malt-based and wine-based (currently in Oregon only) alcoholic beverages, whereas Fireball Whisky is whisky-based," according to Fireball's website. "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. Fireball Whisky continues to be available in bars, restaurants, and liquor stores across the country."