Lawsuit claims mini Fireball bottles don't contain any whisky

LEWISTON, Maine (WGME) — Fireball, which has a bottling plant in Lewiston, is being sued for not having whisky in the mini bottles of the fiery drink.

Fireball Cinnamon is a malt beverage that’s flavored to taste like whiskey, which is why Anna Marquez from Illinois is now suing the Sazerac Company, the maker of Fireball, for "misleading" packaging.

• Also read: Fireball maker invests $4 million for second expansion in 2 years

The lawsuit claims the company deceived consumers by selling a Fireball Cinnamon malt drink that doesn't include whisky.

Fireball is known for its staple Fireball Cinnamon Whisky.

The mini bottles of malt with no whisky are sold in grocery stores, gas stations, and convenience stores.

The suit says they're almost identical to the original Fireball bottles besides the removal of the word "whisky."

The plaintiff wants Fireball to distinguish the two drinks so consumers can easily tell which one contains whisky and which one doesn't.

• Also read: Allen's coffee brandy lost ground in Maine again last year

According to the company's website, Fireball Cinnamon Whisky has 33% alcohol by volume, while Fireball Cinnamon has 16.5% alcohol by volume.

Though the lawsuit was filed solely by Marquez, it seeks to cover anyone in Illinois, North Dakota, Wyoming, Alaska, Arizona, Idaho, Mississippi, Iowa, South Carolina, Kansas, Arkansas and Utah who has purchased Fireball Cinnamon.

According to court documents, the plaintiff expects any statutory and punitive damages to exceed $5 million.