Vizzy Lawsuit Says Mimosa Hard Seltzers Are Misleadingly Advertised, Contain No Sparkling Wine

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A proposed class action lawsuit accuses Molson Coors Beverage Company USA of falsely advertising its ready-to-drink Vizzy Mimosa Hard Seltzers given the beverages do not contain sparkling wine.

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According to the 32-page lawsuit, the drinks’ labeling leads consumers to expect that the “Mimosa Hard Seltzer” that’s “Made With Real Orange Juice” will contain the essential ingredients of a mimosa—sparkling wine and orange juice. However, the suit contends that the canned cocktail contains no sparkling wine and is, in fact, made with sparkling water and an alcohol base derived from fermented sugar, rather than grapes.

Per the case, the Vizzy product at issue has been the subject of other false advertising lawsuits that similarly claim the beverage’s alcohol base makes it a beer, not a canned mimosa. This fact is not disclosed as part of the drinks’ “statement of identity” on the front of product packaging, as required by labeling regulations, but rather in the fine print on the back of each can, the complaint relays.

In addition, the filing alleges the product is misbranded under federal and state law because it does not bear a requisite statement directly following its name that makes clear the beverage contains no sparkling wine, one of the “characterizing ingredients” of a mimosa.

The suit also argues that the drink’s description as a “hard seltzer” does not sufficiently inform consumers about the nature of the product, as other hard seltzers on the market have alcohol bases of distilled spirits or malted barley and hops.

The misleading representations have allowed Molson Coors to charge a premium price for the Vizzy beverages at issue, which consumers would not otherwise have purchased had they known the drinks lacked sparkling wine and, instead, qualified as a beer, the case claims.

The lawsuit looks to represent any Florida residents who purchased Vizzy Mimosa Hard Seltzers within the state during the applicable statute of limitations period.

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