A bunch of fed-up cocktail fans is suing the makers of Chi-Chi’s margaritas for allegedly falsely promoting one among their “Authentic Margarita” merchandise — a malt beverage drink containing no tequila.
The category-action go well with filed in Brooklyn courtroom on Friday claims Sazerac Firm Inc. created two variations of their “Authentic Margarita,” deceptive prospects through the use of almost equivalent packaging for one drink made with tequila and triple sec and one other made with malt.
In line with the go well with, Sazerac “determined to not simply compete in opposition to different mini bottles of combined drinks based mostly on distilled spirits by creating and advertising and marketing a ‘pseudo cocktail’ model of Chi-Chi’s Authentic Margarita.”
The second beverage was “manufactured and designed to look and style like its greater valued counterpart, however based mostly not on distilled spirits, however a malt alcohol base,” the lawsuit alleges.
Photographs of the similar-looking drinks featured within the courtroom submitting present the 2 bottled drinks facet by facet, one that includes the phrases “Made with Tequila & Triple Sec” beneath its title whereas the opposite doesn’t.
The lawsuit claims the labeling for Chi-Chi’s Authentic Margarita is deceptive as a result of “it creates by itself misguided impression[s] or inference as to [its] determine, or different traits.”
The go well with additionally notes that the packaging and labeling of the Margarita Malt has “equivalent colours, theme, fonts, graphics and different matter, such because the Chi-Chi’s emblem, cap in equivalent colour, with equivalent grooves, and the title of ‘Authentic Margarita’ because the distilled spirit model.”
The offensive beverage solely pronounces it incorporates malt within the “minimal sort measurement” that isn’t “readily legible to potential customers below bizarre situations,” in response to the go well with.
“Those that have purchased the tequila model or comprehend it, or know something of Chi-Chi’s, is not going to know to look downwards and pressure their eyes as a result of they haven’t any purpose to count on what they’re shopping for is something apart from Chi-Chi’s ‘Authentic Margarita,’ containing tequila and triple sec,” the go well with alleges.
The fed-up margarita fanatics additionally say that the 2 merchandise are deliberately offered at totally different areas in order that consumers wouldn’t be capable to discover a distinction.
The plaintiffs, two Queens County residents and one Suffolk County resident, every bought the beverage from numerous areas in New York between April 2021 and April 2024 and declare they paid extra for the product than they’d have been prepared to had they identified it didn’t include tequila.
“The Product was price lower than what Plaintiffs paid, and they’d not have paid as a lot, absent Defendant’s false and deceptive statements, omissions and/or comparisons,” the go well with states.
The plaintiffs are looking for a jury trial in addition to to be declared correct class motion.
Additionally they search financial damages and curiosity, cheap charges for plaintiffs’ attorneys and consultants and some other reduction the courtroom deems simply and correct.
The Submit has reached out to the plaintiffs’ attorneys and Chi-Chi’s proprietor Sazerac however didn’t instantly obtain a response.
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