US rapper Travis Scott’s CACTI agave spiked seltzer brand has been handed a false advertising lawsuit for allegedly misleading consumers into believing the seltzer is made with agave spirits.
Scott’s CACTI seltzer brand is not, in fact, produced with agave spirits, merely using an agave sweetener, receiving its alcohol content from fermented cane sugar.
Plaintiff Rebecca Read filed a class action lawsuit against Anheuser-Busch, the parent company of the CACTI brand.
“Whether a product contains agave spirits is basic front label information consumers rely on when making quick decisions at the store,” the complaint reads in part. “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.”
Read states in the complaint she purchased the spiked seltzer on more than one occasion under the assumption that the drink contained agave spirits.
Read “did not expect ‘Agave Spiked Seltzer’ to contain agave sweetener, because the product was not labeled, ‘Agave Sweetened Spiked Seltzer.’” The complaint continues.
Citing “The Illinois Consumer Fraud and Deceptive Business Practices Act” and “Negligent misrepresentation” among other violations, Read is reportedly seeking damages and other legal costs related to the complaint, as well as a jury trial.
Earlier in September, we reported that a class action lawsuit had been filed against Molson Coors, alleging that the company mislead consumers over the health benefits of its Vizzy hard seltzer.