Class Action Says Topo Chico Ranch Water Hard Seltzer Contains No Tequila
Nootens v. Molson Coors Beverage Company
Filed: December 13, 2022 ◆§ 1:22-cv-07010
A class action alleges Topo Chico “Ranch Water” hard seltzer is falsely advertised in that the beverage does not contain tequila.
Illinois
A proposed class action alleges Topo Chico “Ranch Water” hard seltzer is falsely advertised in that the beverage does not contain tequila, one of ranch water’s defining ingredients.
The 13-page case explains that ranch water, which originated on West Texas ranches as the drink of choice for cowboys working long days, is made by pouring tequila, lime juice and sparkling water over ice. The cocktail’s popularity has since spread beyond Texas, and consumers have come to expect that ranch water contains this simple mix of ingredients, the filing says.
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According to the lawsuit, certain representations on the Topo Chico Ranch Water label, including “Hard Seltzer,” “Spiked,” and “100% Agave & Real Lime Juice,” reinforce that the beverage is made with tequila. However, consumers who rely on these representations and their understanding of the drink are unaware that the Topo Chico product’s ingredient list does not mention tequila, the case relays.
Moreover, the maker of Topo Chico, the Molson Coors Beverage Company, fails to disclose that the ranch water is actually classified as a “flavored beer,” the complaint charges. As the case tells it, many consumers don’t know that hard seltzer products are oftentimes not made with distilled spirits but instead with alcohol created by fermentation, a fact that Molson Coors allegedly takes advantage of.
Additionally, the complaint argues that the ranch water’s label deceptively implies that it contains tequila by featuring an image of the agave plant, the base ingredient of the spirit. Instead of adding tequila to the product, Molson Coors uses a sweetener in the form of “agave syrup” and an ingredient listed simply as “alcohol,” the suit says.
Per the filing, consumers reasonably assume that the drink contains tequila based on the label “Hard Seltzer,” in particular since “hard,” in the context of alcohol, refers to distilled spirits. Similarly, the term “spiked” in the beverage’s description as “Spiked Sparkling Water” implies the addition of hard liquor, the filing adds.
The lawsuit further alleges that Topo Chico ranch water is misleadingly labeled because it is not made with naturally sparkling mineral water from Mexico, which the case says is “essential to a ranch water sold under this brand.”
“When people make ranch water and add Topo Chico, they are doing so because they value the contributions of its water to the beverage,” the filing reads.
The lawsuit looks to represent anyone in Illinois, Texas, South Dakota, Wyoming, Idaho, Alaska, Iowa, Mississippi, West Virginia, Arkansas, South Carolina, Maine and Utah who purchased the Topo Chico Ranch Water during the applicable statute of limitations period.
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