Two civilization have filed a class action lawsuit accusing Anheuser-Busch of false declaring after they discovered the beverage that company Rita commodities do no contain tequila.

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Anheuser-Busch is an American brewing agency known because that its Budweiser, Stella Artois and also Michelob Ultra brands. The agency also makes Rita-branded commodities in assorted flavors, such as the Lime-A-Rita, that have the indigenous “margarita” top top the package, follow to the class activity lawsuit.

“It is typical knowledge, and indeed definitional, that a margarita contains tequila,” the plaintiffs say, adding that as soon as consumers stimulate a margarita, they mean to receive a cocktail that consists of tequila.

It follows, then, that consumers buying a product that has the native “margarita” on the package would mean that product to contain tequila, the plaintiffs argue. They to speak the image of a salted margarita glass top top the Rita product packaging reinforces the expectation for consumers.

However, lock claim, the commodities contain no tequila.

The plaintiffs say the product does not say everywhere on consumer-facing packaging panels the the products do not contain tequila, “or that the Margarita products are actually just flavored beers the taste prefer a margarita.” 

Instead, tiny print ~ above the bottom package panel — “where no reasonable consumer would look prior to purchase” — claims the assets are malt beverages.

But the plaintiffs say not everyone knows what that means.

The class action lawsuit states that even if the declare were an ext readily visible, “consumers room unlikely to recognize the foregoing ‘malt beverage’ statement as definition that the Margarita assets do not contain tequila, specifically in the paper definition of the other prominent, false and also deceptive declaration on the front packaging indicating the the commodities do save tequila.”

The class activity lawsuit also maintains Anheuser-Busch’s Rita Rosé and Sangria Spritz products likewise do not contain wine and the Rita Fizz Mojito commodities do no contain rum.

The plaintiffs say they and also other putative class Members have been and also will proceed to it is in misled by the beverage maker’s deceptive packaging.

They argue that they payment a premium because that the products, “reasonably believing” them come contain the alcohols commonly found in their respective cocktails.

The class action lawsuit cites study that shown 90% of consumer purchase an item after only a visual inspection of the font the the packaging, without picking the items up.

Consumers’ expectation the the Rita products would contain tequila is “even an ext reasonable given that contender brands that the Margarita assets market and also sell canned and also other prepared to go ‘Margarita’ cocktails that perform actually contain tequila.”

Likewise, other contending mojito products actually contain rum and also competitors’ rosé and sangria products contain wine.

The plaintiffs say had actually they and also other class Members recognized the truth about the products, they would certainly not have actually purchased them or would have paid less than they did. 

“Plaintiffs and Class members were every harmed by to buy Defendant’s Products because they go not get what they payment for, and, together a result, shed money and also property,” the class action lawsuit says.

The plaintiffs suspicion Anheuser-Busch of deliberately using usual cocktail and also wine surname on that product packages in an initiative to get consumers to acquisition the beverages or pay more for them.

“Defendant knew, or reasonably should have actually known, that consumers would depend on the typical cocktail and also wine surname on the packaging of the Products and also reasonably believe the commodities contained tequila, rum, or wine,” the complaint says.

The proposed class includes anyone who purchased any of the Anheuser-Busch commodities in inquiry in brand-new York for personal, family members or family use within the statute-of-limitations period.

The plaintiffs allege violate of brand-new York General organization Law, breach of refer warranty, breach that implied guarantee of merchantability, typical law fraud and unjust enrichment.

They need a jury trial and also seek restitution of every profits and also unjust enrichment derived by Anheuser-Busch v its alleged fraudulent company practices; actual, compensatory, statutory and also punitive damages; injunctive relief, including enjoining the beverage an equipment from continuing its alleged unlawful practices and ordering a corrective advertising campaign; attorneys’ fees and court costs; pre- and also post-judgment attention on any quantities awarded; and also any further relief deemed proper.

Have friend bought one of the Rita commodities expecting it come contain tequila? phone call us about it in the comments below.

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The plaintiff is stood for by Innessa M. Huot and Timothy J. Peter of Faruqi & Faruqi LLP. 

The Lime-A-Rita through No Tequila Class activity Lawsuit is Tanya Cooper, et al. V. Anheuser-Busch LLC, situation No. 7:20-cv-07451, in the U.S. Ar Court for the southerly District of brand-new York.