‘Not a Margarita’: Class Action Claims Crook & Marker Canned Margaritas Contain No Tequila

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A proposed class action accuses Crook & Marker of falsely advertising its canned Classic Lime margaritas given the beverages do not contain any tequila.

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The 22-page lawsuit claims that although the phrase “Flavor Made with Tequila” appears on product packaging next to an image of a salt-rimmed cocktail glass and a can bearing a drawing of an agave plant, the ready-to-drink beverage is “not a margarita” because it contains no tequila. Per the suit, a small, inconspicuous statement of composition on the packaging indicates that the product is, instead, a “Lime & Tequila Flavored Brewed Cocktail with Other Natural Flavors,” whose primary source of alcohol is based on fermentation and brewing, rather than distillation.

“That the Product does not contain tequila, at least in a form expected by consumers, is confirmed by the fine print on the bottom of the package’s ingredient list, identifying ‘organic brewed alcohol’ instead of ‘tequila,’” the case relays.

According to the complaint, consumers expect the beverage’s predominant alcohol ingredient to be tequila, present as a distinct ingredient and in an amount sufficient to provide its typical properties. Instead, tequila is used merely as part of a flavoring ingredient, resulting in a substance that bears “little resemblance to [the] distilled spirit,” the filing contends.

The lawsuit charges that even if a consumer notices the fine-print statement of composition on the package, they will not understand the nature of the “misleading and confusing” term “Brewed Cocktail.” The complete phrase—“Tequila Flavored Brewed Cocktail”—creates an impression that the drink contains distilled spirits or is a distilled spirits product, the suit argues.

Taken together, the beverage’s overall labeling misleads shoppers into believing they are buying a canned cocktail that contains tequila, as the spirit is “central to what defines a margarita,” the case asserts. Instead, consumers who buy the drink receive a product devoid of tequila, with an alcohol base produced through lower-cost fermentation and brewing methods, the complaint shares.

The lawsuit looks to represent anyone in New York who purchased Crook & Marker’s Classic Lime margaritas within the state during the applicable statute of limitations period.

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