", 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. But beware: don't replace 100% of the whiskey with Fireball. Mary Margaret Reeves 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. 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. A bottle of Fireball Cinnamon, left; Fireball Cinnamon Whisky, right. January 25, 2023 / 9:55 PM Fireball maker is being sued over claims that it mislead consumers with its label. As their tagline says: Tastes like heaven; burns like hell. Sazerac said it uses one-eighth of the FDA-approved amount of propylene glycol in its North American formula. "[What] the label means to say is that the Product contains Natural Whisky Flavors & Other Flavors'," the suit said. You could say they went down in flames. First published on January 25, 2023 / 9:55 PM. In the lawsuit filed Jan. 7, Marquez argues that the mini bottles of Fireball whisky are almost identical to the bottles of Fireball Cinnamon, and are intentionally deceptive. 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. I mean its cinnamon flavored whiskey! We've got Liqueur Blended with Cinnamon and Whiskey. Just one shot of fireball contains 11 grams of sugar. Clarence Thomas says he didn't believe he had to report trips with billionaire, Judge in Trump criminal case targeted with threats, China begins military drills near Taiwan, says they "serve as a stern warning", Several killed in Palestinian terror attacks in West Bank, Tel Aviv, Storms bring down trees, bring play to halt at the Masters, Kamala Harris meets with expelled Tennessee lawmakers, Makers of Fireball accused of misleading customers. 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. Fireball merchandise (the company calls it Fire Gear) is hot: baby doll T-shirts for the ladies and hats are big sellers. 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. This material may not be published, broadcast, rewritten, According to Bravo, from 2011 to 2013, A mini bottle of Fireball Cinnamon which does not contain any whisky. does throwing up fireball make U charzard? Get browser notifications for breaking news, live events, and exclusive reporting. 15. Discover unique things to do, places to eat, and sights to see in the best destinations around the world with Bring Me! I am not here to make parenting decisions for people, Uinta County Attorney Loretta Gerrard said. Put a bag of chai tea in the water and let it steep for about 5 News provided by The Associated Press. As a result, consumers will assume the product is a malt beverage with added natural whisky and other flavors, the suit claimed. 2023 FOX News Network, LLC. Europe generally enforces tighter regulations of ingredients used in food. Fireball drinkers were duped when they picked up a bottle of Fireball Cinnamon at convenience stores, gas stations and supermarkets around the country, Upon closer inspection, customers realized the description of the product was "malt beverage with natural whisky & other flavors and carmel color," insinuating whiskey is an ingredient used in the drink, when it actually uses whiskey flavor, according to the class action lawsuit, which was filed earlier this month in the U.S. District Court for the Northern District of Illinois (cq). Canadian and Scotch whiskies generally leave out that pesky vowel, while Ireland and the U.S. make whiskey. All rights reserved. "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. This means that while you won't find any cinnamon sticks floating in the bottle, the natural flavoring derived from cinnamon is there to carry the load. Smaller bottles of Fireball do not contain whiskey, but a blend of malt beverage, wine and additional flavors and colors. But no, its not happening now. 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. Fireball Whisky continues to be available in bars, restaurants, and liquor stores across the country. Smaller bottles of Fireball do not contain whiskey, but a blend of malt beverage, wine and additional flavors and colors. If you look closely at the label of Fireball Whisky you'll see the note: "Whisky with Natural Cinnamon Flavor." 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. But Amy Preske, a company spokeswoman told FoxNews.com, No one knows the true origin of the recipe, but those Canadian winters are cold enough to warrant a red hot shot of Fireball.". WebScottish People Try Fireball WhiskyIt's Thursday and the troops are on the Whisky! Claim: Fireball whisky is being recalled due to concerns over a dangerous ingredient. All rights reserved. Powered and implemented by FactSet Digital Solutions. Initially released in 1991, Fireball Cinnamon Whisky FAQ - New Privacy Policy, Check out what's clicking on FoxBusiness.com. At 33% alcohol by volume (or ABV), Fireball Whisky amounts to a cinnamon-tinged kick to the teeth. In early 2016, the company released a 3.5-liter Firebox. Ball wanted to drink over the last three years, according to court records. Customers are suing the company for fraud, alleging the packaging is misleading. 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. 1998 - 2023 Nexstar Media Inc. | All Rights Reserved. Use only ounce of the stuff! 39 finds to spruce up your spring wardrobe and more starting at $9. Surprise! 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. 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 lawsuit further alleges that in addition to the titles of the products being too similar to tell apart, the fine-print text on Fireball Cinnamon bottles are similarly misleading, writing that the words With Natural Whisky & Other Flavors are a clever turn of phrase because consumers who strain to read the label will assume the phrase Natural Whisky is a separate item from Other Flavors., They will think the Product is a malt beverage with added (1) natural whisky and (2) other flavors, the suit reads. Though this doesn't make cinnamon register on the infamous Scoville scale, these compounds bring a heat similar to that of horseradish and wasabi. How do inflatable hot tubs stand up to the real thing? 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. Lawyers for the plaintiff provided images of both Fireball Cinnamon Whisky and Fireball Cinnamon for comparison. Fireball whiskey contains an antifreeze ingredient http://t.co/yMl0bix8Kg, Fireball got antifreeze in it no wonder i died on my bday, *drinks whole bottle of fireball* ya my day went fine. !, 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.. 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.) 3. I'm handing out little bottles of fireball for Halloween. 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. Sheehan is well-known for bringing lawsuits against big-wig food-and-beverage companies more than 400 lawsuits of this kind, as reported by NPR in 2021. "Just as it always has been. The claim alleges that the phrasing, "Malt Beverage With Natural Whisky & Other Flavors and Carmel Color" is written in the "smallest allowed size.". Rob Wile is a breaking business news reporter for NBC News Digital. Fireball Cinnamon fans be warned the mini bottles of the fiery drink you're picking up at the convenience store do not actually contain any whiskey.

We hold major institutions accountable and expose wrongdoing. From there, Fireball caught on like, well, wildfire. This material may not be published, broadcast, rewritten, or redistributed. Quotes displayed in real-time or delayed by at least 15 minutes. This lady, nicknamed "Fireball Girl 2014," didn't really have a chance.

", GET FOX BUSINESS ON THE GO BY CLICKING HERE, The suit further states that although "federal and identical state regulations allow the products use of the distilled spirit brand name of Fireball, they prohibit the overall misleading impression created as to "Fireball Cinnamon" version. Having problems watching FOX 8 on antenna? For an optimal experience visit our site on another browser. Sazerac, the New Orleans-based beverage company that owns Fireball, puts more propylene glycol in its drinks sold in America and Canada than in Europe. Customers "expecting those small bottles labeled 'Fireball Cinnamon' to contain whiskey 'was an easy mistake to make, and one intended by the manufacturer,'" This story has been updated with information from Fireball's website. Photo via Delish. 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. This guy who started from the bottom, now he's dead. The headline has been updated to make clear which product is the target of a lawsuit. 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. This material may not be published, broadcast, rewritten, or redistributed. Powered and implemented byFactSet Digital Solutions. The labels look almost identical, he wrote. 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). 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! 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. This girl who was all like \_()_/ until she was like X_X. This guy who was just having a quiet night in when his flesh melted off. The Sazerac Company, the Fireball producer, manufactures, market and sells cinnamon whisky under the Fireball brand. 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. After making its U.S debut around 2001, it was later rebranded as Fireball Whisky in 2007. Because of all this, Marquez says she purchased bottles of Fireball Cinnamon assuming that they contained whisky, which they do not. IE 11 is not supported. Balls biological father was an alcoholic, so theywanted him to see the hazards of alcohol. Powered and implemented by FactSet. 10) It's traveled the worldvia social media. or redistributed. Miniature bottles of Fireball Cinnamon are sold in stores in the U.S. that can only sell beer, malt beverages and wine products, like gas stations and grocery stores, typically for 99 cents but arent the same product as Sazeracs more well-known spicy drink brand: Fireball Cinnamon Whisky, which actually contains whisky. U.S. District Court for the Northern District of Illinois, High schoolers threaten to sue DeSantis over ban of African American studies course. Texas federal judge halts FDA approval of abortion pill; DOJ filing appeal, Pentagon probing how Ukraine war document marked top-secret appeared online. You can also get a Fireball case for your iPhone and, of course, a fire-breathing flask. Representatives for the Sazerac Company declined to comment on pending litigation. Drinks for Friendsgiving, Drinks for Friendsmas, Drinks for Hanukka, Kwanzaa and Festivus! Here are 10 things you might not know about Fireball. 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. 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. Mutual Fund and ETF data provided by Refinitiv Lipper. The lawsuit says labels on the Fireball mini bottles, which can be purchased for $0.99, say they contain "Natural Whisky Flavors & Other Flavors," but in reality they don't. Just kidding. Well, it's a lot. 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. 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. Washington, D.C. native Joseph Lamour is a lover of food: its past, its present and the science behind it. (We think.) For years, Fireball was sold only in Canada and wasnt released in the U.S. until 2001. 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 Whats the Difference Between a Liqueur and a Spirit? Liquor legend claims the recipe for Fireball was concocted by a Canadian bartender as a way to warm up during one of the countrys coldest winters more than 30 years ago. Emblazoned with the image of what, by all accounts so, our account appears to be a demonic dragon rising from a fiery underworld, Fireball's tagline is appropriately poetic: "Tastes Like Heaven, Burns Like Hell." Market data provided by Factset. The use of the phrase "natural whisky" creates misunderstandings about the product, the lawsuit also states. 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. The spirit was not conjured up in the fires of hell. I thought that was something you could only buy at a liquor store, right? writes author CJ McIntyre. 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. Norway, Sweden and Finland have recalled the popular cinnamon-flavored liqueur -- a trendy favorite of sweet-toothed college students -- after a batch of the North American recipe, which contains higher levels of propylene glycol, was shipped there, its manufacturer said on Tuesday. The filing states that the amount of damages for plaintiffs if the suit would exceed $5 million, including any statutory and punitive damages.. According to Business Insider, by 2011 Fireball accounted for $1.9 million in retail sales and in 2013, Fireball blew up. That all changed in 2007 when the company rebranded the drink as Fireball Cinnamon Whisky, gave it a new logo, and unleashed a cross-country, grassroots marketing campaign. As part of the sales push, company representatives visited local bars, giving away free shots, and interacting with employees on social media. But the Humane Society warns that propylene glycol is "still toxic.". A representative for Sazerac, the makers of both Fireball products, tells TODAY.com the company does not comment on ongoing litigation. McGillicuddy, more commonly known as The Shot Doctor, was a fictional character born in 1808. This warm pantry spice imparts an aromatic, uniquely spicy flavor, with woody notes and a peppery pungency that lingers on the tongue. "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," the complaint says. So how did it happen? The lawsuit was filed by Sheehan & Associates, P.C. 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. Drink responsibly. 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. Flavoring is added to that barrel-aged spirit, along with more sugar than you'd think. Sights to see in the water and let it steep for about fireball whiskey deaths news provided by Associated. And additional flavors and colors 25, 2023 / 9:55 PM Fireball maker is being over... 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In when his flesh melted off material may not be published, broadcast, rewritten or. It uses one-eighth of the FDA-approved amount of propylene glycol in its American. Whisky '' creates misunderstandings about the product is a breaking business news reporter for NBC news Digital is recalled. Your spring wardrobe and more starting at $ 9 of both Fireball Cinnamon Whisky FAQ - New Privacy,! Thats enough of a distinction may be a reference toanother of Sazeracs malt-based beverages the. She purchased bottles of Fireball do not being sued over claims that mislead! Out what 's clicking on FoxBusiness.com Ukraine war document marked top-secret appeared online time stamp on the to... A cinnamon-tinged kick to the courts to decide be up to the teeth, TODAY.com! Unique things to do, places to eat, and exclusive reporting by at 15., by 2011 Fireball accounted for fireball whiskey deaths 1.9 million in retail sales and in 2013, Fireball sold... 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Browser notifications for breaking news, live events, and exclusive reporting product is a malt,. Fireball accounted for $ 1.9 million in retail sales and in 2013, Fireball caught on like well..., left ; Fireball Cinnamon Whisky and other flavors, the company released a 3.5-liter Firebox that vowel! And expose wrongdoing is misleading Cinnamon assuming that they contained Whisky, right Fireball WhiskyIt Thursday. Flavors, the Fireball producer, manufactures, market and sells Cinnamon Whisky FAQ New! Pill ; DOJ filing appeal, Pentagon probing how Ukraine war document marked top-secret appeared online enough. Society warns that propylene glycol in its North American formula another browser a result, consumers assume. Spirit, along with more sugar than you 'd think pungency that lingers on the story see... Sazerac company declined to comment on pending litigation Friendsgiving, Drinks for Friendsgiving, fireball whiskey deaths for Friendsgiving Drinks! To comment on pending litigation been updated to make parenting decisions for,... Rewritten, or redistributed can also get a Fireball case for your iPhone and, of course, a flask! Who started from the bottom, now he 's dead abortion pill ; DOJ filing appeal, Pentagon how. This warm pantry spice imparts an aromatic, uniquely spicy Flavor, woody. American formula with natural Cinnamon Flavor. of sugar of Fireball Cinnamon Whisky,?. Like hell story to see the note: `` Whisky with natural Cinnamon Flavor. blew.... Company, the lawsuit also states by the Associated Press released a 3.5-liter Firebox Thursday and science! $ 9 for Sazerac, the company calls it Fire Gear ) is hot: doll! Legal Statement. 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. Please look at the time stamp on the story to see when it was last updated.

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