(Photo: Vizzy Hard Seltzer)
Consumers in Missouri have filed a lawsuit against beer giant Molson Coors for the absence of Champagne and orange juice in a mimosa-branded alcohol line.
Vizzy Mimosa Hard Seltzer was initially launched in 2022, available in Strawberry, Pineapple, Peach and Pomegranate flavors. The drinks are made with malt-based alcohol, the same you'd find inside a hard tea or beer. Plaintiffs Markus Dixon and Deanna Mahan argue that its labeling amounts to deceptive advertising, misleading consumers into buying a product that lacks Champagne and contains only marginal orange flavor.
Vizzy Mimosa products were hit with a similar suit in 2023 that is still being fought in court. Both class actions are among a string of lawsuits targeting malt-based alcohol makers for misleading claims.
"The labeling of 'Mimosa Hard Seltzer' in orange packaging, with pictures of oranges, described as 'Made With Real Orange Juice,' tells consumers they are buying a canned mimosa, defined by the presence of sparkling wine and orange juice," plaintiffs argued in court. "Instead, consumers get an alcoholic beverage based not on sparkling wine and orange juice, but based on sparkling water and sugar, or a 'beer,' with more 'natural flavors' than orange juice."
Similar to many lawsuits in the same vein, the case against Molson Coors hinges on what consumers might reasonably expect to find inside a particular cocktail. The answer to this question is infamously tricky; after all, a mimosa is defined not by legal code, but by public opinion.
The highest-profile lawsuit in this category occurred in 2022 when Anheuser-Busch was sued for the absence of tequila in its popular Lime-A-Rita brand of mixed drinks. Consumers in Missouri raised concerns that the product — subtitled the "Sparkling Margarita" — was ultimately "just a flavored beer."
The court seemed to agree. Anheuser-Busch was ordered to pay out a total of $6 million to consumers who bought Rita-branded products during a period of nearly four years.
Other cases haven't been as lucky. Topo Chico Margarita Hard Seltzer was hit with a deceptive marketing suit in 2023 for its use of the word "Margarita." The judge presiding over the case ultimately ruled in favor of Topo Chico-owner Coca-Cola (though that did nothing to stop an identical suit against the same product being filed in Floria less than a year later).
Other lawsuits against malt-based drinks allegedly masquerading as cocktails have included Bud Light Platinum Hard Seltzer, Dos Equis Ranch Water and Travis Scott’s Cacti Agave Seltzer.
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