The maker of Vizzy-brand Mimosa Hard Seltzer faces a proposed class action that alleges the product is mislabeled since it lacks champagne and instead contains sparkling water and alcohol.
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The 18-page lawsuit alleges that Vizzy Mimosa Hard Seltzer is false and misleadingly labeled for several reasons. In addition to the apparent lack of champagne, which, along with orange juice, is one of two ingredients in a classic mimosa, the hard seltzer is also not clearly labeled in a manner that discloses to consumers that they are drinking a malt beverage, essentially a flavored beer, the filing argues.
Third, the suit contends that “Mimosa Hard Seltzer” is misleading to consumers since it is “not the name of the product as known to the trade” and does not include a description of its composition. Per the case, many consumers are unaware of “the intricacies of formulating alcoholic beverages and particularly malt beverage specialty products.”
“That ‘hard seltzer’ preceded by ‘mimosa’ would not meet [federal labeling requirements] has been confirmed by the [Tax and Trade Bureau], as failing to provide truthful labeling to consumers,” the case claims.
Further still, the lawsuit argues that the Vizzy Mimosa Hard Seltzer labeling unlawfully fails to disclose the addition of the artificial sweetener stevia to the product.
In light of the foregoing, Vizzy Mimosa Hard Seltzer is sold for a higher price than similar products “represented in a non-misleading way,” the case says.
The complaint states that the Federal Alcohol Administration Act sets standards for what companies must tell consumers about the alcoholic beverages they sell and that these laws, adopted by New York through its Alcohol Beverage Control Law, prohibit misleading statements or representations on the labels of malt beverages with respect to a drink’s “age, origin, identity or other characteristics.”
The lawsuit looks to cover consumers in New York who bought Vizzy Mimosa Hard Seltzer during the applicable statute of limitations period.
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