Class Action Says Mini Bottles of Southern Comfort Contain ‘Negligible’ Amounts of Whiskey

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A proposed class action alleges Sazerac Company has misleadingly designed mini bottles of Southern Comfort to appear identical to the larger of the product, particularly when it comes to taste.

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The 11-page lawsuit claims that although reasonable consumers expect the mini, 99-cent bottles of Southern Comfort to contain fruit and spice-flavored liqueur just as the larger bottles do, the products, in truth, contain only a “negligible” amount of hard liquor. Consumers who rely on Sazerac Company’s representations are unaware that the look-alike mini bottles, often sold at gas stations and convenience stores, actually contain a malt beverage made with about “one thimble” of whisky per 2,500 gallons, the case claims.

The complaint explains that the mini and full-size bottles of Southern Comfort are adorned with the same outer grooves, and their label designs contain the same colors, themes, fonts, symbols and spacing. According to the suit, Sazerac instructs sellers to advertise the product as “shots,” reinforcing the impression that the bottles contain small servings of hard liquor.

However, the filing says, the mini product subtly distinguishes itself with small, difficult-to-read font as a “Malt Beverage With Natural Whiskey Flavors, Caramel Color and Oak Extract.” 

Although federal regulations require companies to identify any “added flavoring material” on a product’s front label, the Alcohol and Tobacco Tax and Trade Bureau (TTB) says consumers who read the word “whiskey” are likely to assume that a product’s alcohol content is derived from the distilled spirit, the case relays. The suit also says the description “Oak Extract” falsely implies that the malt beverage base was aged in oak barrels.

Moreover, the case argues, Sazerac “could have alerted buyers that what they are buying has little connection to the distilled spirits this beverage has been known for” by qualifying “Southern Comfort” with the word “brand.” 

Instead, the company knew potential customers were seeking the qualities of the regular variety of Southern Comfort, including whiskey and/or distilled spirits aged in oak barrels, and “developed its marketing and labeling to directly meet their needs and desires,” the lawsuit contends.

The complaint further alleges that, in violation of TTB regulations, Sazerac avoids paying extra taxes by adding trace amounts of whiskey to the product’s malt base before it ferments. Southern Comfort’s status as a malt beverage also allows Sazerac to evade certain state regulations that would otherwise prohibit it from selling the product outside of liquor stores, the filing says.

The lawsuit looks to cover anyone in New York, West Virginia, Montana, New Mexico, Alabama, North Dakota, Nebraska, Iowa, Mississippi, Alaska or South Carolina who purchased mini bottles of Southern Comfort applicable statute of limitations period.

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