Rapper Travis Scott’s CACTI agave spiked seltzer brand is facing a lawsuit for allegedly misleading consumers into thinking the drink is produced with agave spirits. In reality, the beverage only contains agave sweetener, while its alcohol content derives from fermented cane sugar.
The class action lawsuit was filed against the brand’s parent company, Anheuser-Busch, on Sept. 11. Plaintiff Rebecca Read filed on behalf of consumers in the states of Illinois, Iowa, and Arkansas. The lawsuit focuses on four counts of violations, including “The Illinois Consumer Fraud and Deceptive Business Practices Act” and “Negligent misrepresentation.”
In the lawsuit, Read claims she purchased CACTI on more than one occasion in Illinois between June and July, expecting the seltzer would contain agave spirits. The lawsuit also claims Read “did not expect ‘Agave Spiked Seltzer’ to contain agave sweetener, because the product was not labeled, ‘Agave Sweetened Spiked Seltzer.’”
“Whether a product contains agave spirits is basic front label information consumers rely on when making quick decisions at the store,” the complaint states. “The product lacks any agave spirits, and instead, uses ‘agave syrup,’ a sweetener derived from the agave plant, as shown in the fine print ingredient list on the back of the product.”
As a result of the misleading nature of CACTI’s branding, Read is seeking damages, attorney’s fees, costs, and interest, as well as a jury trial.