Sazerac Co. has been sued over its 99 cent Fireball Cinnamon product sold in supermarkets and convenience stores. "In fact, what consumers were purchasing at non-liqour stores was not whisky at all, even though their labels are almost identical, the suit alleges. When consumers look closer, (they) will see it is actually called simply "Fireball Cinnamon'," the class-action suit says.
The lawsuit acknowledges that while "federal and state regulations allow the use of the distilled spirit's brand name, they prohibit the misleading impression impression created.
It notes both bottles have a red cap, a yellow label with the word "Fireball" and a logo with a fire-breahing dragon-like creature in red. One product is described on the bottle as "Cinnamon Whisky" and the malt beverage is simply "Cinnamon."
Sazerac said it didn't comment on litigation.