Class Action Says Consumers Misled by Flor de Caña Rum Label
Last Updated on September 24, 2024
Alonzo v. William Grant & Sons, Inc.
Filed: December 27, 2020 ◆§ 1:20-cv-10937
A class action claims the label of Flor de Caña Nicaraguan rum is misleading to buyers with regard to the product's age.
A proposed class action alleges the supposedly slow-aged Flor de Caña Nicaraguan rum imported into the United States by William Grant & Sons, Inc. and made by Compañía Licorera de Nicaragua is not as aged as consumers are led to believe.
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Although Flor de Caña rum is labeled with the number 18 above the words “slow aged,” the product is, in truth, a mix of younger and older rums with a purported “average” age of 18 years, the 11-page lawsuit out of New York claims.
The lawsuit contends that blending rums of different ages without providing notice to consumers is deceptive in that buyers have come to expect that numbers displayed prominently on the front label of a product denote the age of the youngest spirit used therein. For rum, the amount of time it’s aged impacts its quality and should thus be truthfully stated on a label, the case says.
“Statements of age are required to be based on the age of the youngest spirit, even when the final product has been blended with older spirits,” the suit reads. “Though rum is not required to state its age, if it does, it is required to be truthful and not misleading.”
Per the case, consumers are not informed that Flor de Caña is a mix of younger and older rums; even if they were informed, an explanation would nevertheless be insufficient to clear up the impression “18 – Slow Aged” gives consumers, the complaint says. According to the suit, the label statement of “18” above the words “slow aged” does not technically qualify as a proper statement of age in that it does not comply with federal law and specifically state “18 years old.”
The lawsuit goes on to note that the West Indies Rum and Spirits Producers’ Association Inc. also adheres to federal alcohol labeling regulations when it comes to truthfully identifying the age of the youngest rum used in a product.
In light of the forgoing, the case says consumers are entitled to “transparent and unambiguous statements describing a product’s attributes.” The value of the rum bought by proposed class members is materially less than its value as represented by William Grant & Sons, the suit claims.
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