Class Action Says Jack Daniel’s Country Cocktails Lynchburg Lemonade Is Misleadingly Advertised, Contains No Whiskey

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A proposed class action lawsuit alleges that Jack Daniel’s Country Cocktails Lynchburg Lemonade beverages are falsely advertised, given the products do not contain whiskey.

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According to the 26-page lawsuit, defendant Brown-Forman Corporation has labeled the drinks in a way that leads consumers to expect the “Country Cocktail” that’s “Best Served Ice Cold” to contain the fundamental ingredients of a Lynchburg lemonade. However, the suit charges that the beverage contains a negligible amount of whiskey, if any, and is actually a “malt beverage” rather than a drink made with distilled spirits.

As the case tells it, the labeling is misleading because the absence of whiskey is only disclosed in small-print statements found on the side and bottom of the can or bottle, which identify the drink as a “Flavored Beer” and a “Premium Malt Beverage With Natural Flavors and Certified Colors Added.”

In addition, the complaint argues that the defendant’s use of the Jack Daniel’s brand name—along with its trademark colors, fonts and stylistic elements—also creates a false impression that the product contains whiskey.

Finally, the filing contends that the percentage of alcohol by volume, which is displayed to give consumers an idea of the strength of the drink compared with other alcoholic beverages, does not adequately inform shoppers that the drink lacks whiskey.

The plaintiffs, two New York residents who bought the product in the past few years, say they would not have paid as much for the beverage, or purchased it all, had they known it was based on malt alcohol and contained no whiskey.

The lawsuit looks to represent anyone in New York who purchased Jack Daniel’s Country Cocktails Lynchburg Lemonade within the state during the applicable statute of limitations period.

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