Bacardi’s Bombay Sapphire Gin Made with Ingredient Illegal in Florida, Class Action Suit Says [UPDATE]

United States District Judge Robert N. Scola Jr. has dismissed the lawsuit detailed on this page with prejudice, ruling that the plaintiff’s state law claims are preempted by federal law and that the man failed to show he suffered any harm. 

In his dismissal order, the judge found the plaintiff failed to allege that he incurred any actual damages from the inclusion of grains of paradise in Bacardi’s Bombay Sapphire Gin. Rather than charge that consumers were harmed by being deprived of the value of their bargain in buying the product, the plaintiff’s lawsuit, the order says, claimed only that proposed class members were injured by purchasing “an illegal product which is worthless.” Judge Scola elaborated that though a product may be considered worthless as the result of a defect, the plaintiff’s case failed to offer any explanation as to why, say, the plaintiff could not or did not drink the gin, or note that he complained about the liquor or asked for a refund at the time of purchase.

“[The plaintiff] does not allege that the resale value of the gin depreciated,” the dismissal order states. “Instead, he simply alleges that the gin is worthless.”

Moreover, the order states that the man did not allege that he suffered “any side effect” or “health issue” from the drink.

Lastly, while the plaintiff’s claims leaned on the fact that Florida law prohibits the adulteration of alcohol with grains of paradise, Judge Scola ruled that the “antiquated” state law “frustrates the purpose and objectives” of the Federal Food, Drug, and Cosmetic Act (FFDCA), which seeks to allow for the use of safe food additives and establishes that grains of paradise are generally regarded as safe.

In tossing the suit with prejudice, Judge Scola offered no leave for the plaintiff to file an amended complaint.

Want more legal news like this? Sign up for ClassAction.org's newsletter here.