Bumbu Rum Is Mislabeled as ‘Original Craft Rum,’ Class Action Claims
Golston v. Bumbu Rum Company LLC
Filed: March 18, 2023 ◆§ 1:23-cv-00241
A proposed class action alleges Bumbu Rum’s positioning as “original craft rum” is misleading to consumers.
A proposed class action alleges Bumbu Rum’s positioning as “original craft rum” is misleading to consumers.
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The nine-page case says that, for one, Bumbu Rum is only 35 percent alcohol by volume (ABV), below the 40 percent ABV regulatory threshold for rum. Second, the suit claims Bumbu Rum “does not qualify as a rum” since it includes certain added ingredients, including “flavoring materials” that alter the beverage’s class and type under federal regulations.
The filing contends that Bumbu Rum is “closer to a cordial or liqueur” given that it contains added sugar and flavorings beyond the allowable thresholds for rum. However, calling the product “rum liqueur” would not be accurate since the addition of a “significant amount” of added vanilla and banana flavoring means the drink’s predominant characteristic is “no longer rum,” the complaint says.
Further, the description of the product on its label as a “distilled spirits specialty product” appears in text much smaller than the statement “rum with natural flavors,” the case says. This claim, too, is misleading because it is far less prominent than Bumbu Rum Co. and “inconsistent” with the descriptions “original craft rum” and “premium rum” in advertisements and point-of-sale displays, the suit states.
As a result of the alleged misrepresentations, Bumbu Rum is sold at a “premium price” that’s higher than similar items “represented in a non-misleading way,” the lawsuit says.
The case looks to cover consumers in New York, Arkansas, Kansas, Montana, Nebraska, North Dakota, Oklahoma and Utah who bought Bumbu Rum during the applicable statute of limitations period.
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