The lawsuit alleges that Fireball Cinnamon mini-bottles are “misleading” because they do not contain whiskey.

Fans of Fireball Cinnamon are warned – the mini bottles of fireball you buy in the store don’t actually contain whiskey.

In fact, the drink is a whiskey-flavored malt drink, much to the dismay of Anna Marquez, an Illinois woman who is suing Fireball’s Sazerac over “misleading” packaging.

class actionfiled by Marquez earlier this month claims that the labels on small 99-cent bottles of Fireball Cinnamon look deceptively similar to those on bottles of its other product, Fireball Cinnamon whiskey.

According to the company’s website, Fireball Cinnamon whiskey contains 33% alcohol by volume, while Fireball Cinnamon is 16.5% alcohol by volume.

Buyers “expected whiskey in these little bottles labeled ‘Fireball Cinnamon’, ‘it was easy to make a mistake and it was intentional by the manufacturer,’” the lawsuit says. “Actually, what consumers bought from non-liquor stores.”[was] not whiskey at all though[ir] labels are almost identical.

The lawsuit alleges that while the company may use the “Fireball” brand name for beverages, federal and state law prohibit the creation of an overall “deceptive impression.”

In addition to similar labels, the lawsuit complains about the size of the text on Fireball Cinnamon’s label describing its ingredients. The statement claims that the phrase “Malt drink with natural whiskey and other flavors and carmel color” is written in the “smallest size allowed.”

The use of the phrase “natural whiskey” creates a misconception about the product, the lawsuit also says.

“Using the words ‘with natural whiskey and other flavors’ is a smart move because consumers who strain to read this will see how ‘natural whiskey’ differs from ‘other flavors’,” the lawsuit says.

Customers “will think the Product is a malt drink with (1) natural whiskey and (2) other flavors added,” he added.

In other words, consumers may think that natural whiskey is added to the drink as a separate ingredient, and not understand that only “whiskey flavors” are added.

On the Fireball website, the company explains the difference between its whiskey and malt products.

“There are two key differences between the Fireball Cinnamon label and the Fireball Whiskey label: any package that says Fireball Cinnamon Whiskey on the front label is our whiskey-based product,” the site explains. “Any product that says ‘Cinnamon’ by Fireball on the label without the word ‘Whiskey’ is our malt or wine based product.”

The lawsuit, although filed exclusively by Marquez, targets all residents of Illinois, North Dakota, Wyoming, Alaska, Arizona, Idaho, Mississippi, Iowa, South Carolina, Kansas, Arkansas and Utah who have purchased Fireball Cinnamon.

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