What defines rum? This class action takes issue with a rum sold by Zamora Company USA, LLC under the Don Papa brand, alleging that it is not really rum “as this spirit is defined by regulations and understood by consumers.”
Two classes have been defined for this action:
- The Illinois Class is all persons in Illinois who bought the product during the applicable statutes of limitations.
- The Consumer Fraud Multi-State Class is all persons in Virginia, Montana, Wyoming, Idaho, Alaska, West Virginia, Kansas, Nebraska, North Dakota, Iowa, Mississippi, Arkansas, South Carolina, and Utah who bought the product during the applicable statutes of limitations.
Pages 1 and 2 of the complaint show images of the Don Papa rum labels, with the front label saying it is a “Small Batch Rum which has been “Aged in Oak,” coming from “Mt. Kanlaon” in the Philippines. The illustration shows what the complaint describes as “a turn-of-the-century sugar farmer.”
Side and back labels are quoted in the complaint as saying, “This rum is first aged for up to 7 years in Oak Barrels in the foothills of Mount Kanlaon before being blended to perfection. With a Rich, smooth taste, and notes of vanilla and candied fruits, Don Papa is just perfect straight, on the rocks or in your favorite cocktail.”
The complaint provides a definition of rum, borrowing from the Code of Federal Regulations, to say that rum is “the class of distilled spirits that are ‘distilled from the fermented juice of sugar cane, sugar cane syrup, sugar cane molasses, or other sugar cane by-products at less than 95 percent alcohol by volume (190° proof),’ with the taste and attributes of rum, ‘bottled at not less than 40 percent alcohol by volume (80° proof).’”
What’s the problem with the Don Papa rum? The complaint alleges, “The Product does not qualify as rum due to the addition of ingredients such as glycerin, vanillin, caramel color and added sugar, which alter its class and type.”
According to the complaint, “multiple independent laboratory analyses of the Product” show that the product contains, per liter, 2.4 grams of glycerin, 359 milligrams of vanillin, and between 25 and 29 grams of sugar.
The complaint also suggests that the product’s dark color comes not from aging in oak barrels but from caramel color.
While makers of rum may add other ingredients to color, flavor, or blend distilled spirits, the complaint alleges that they must disclose these added ingredients. The complaint alleges, “Assuming these additives are not present at more than 2.5 percent by volume of the finished Product, they cause it to be an imitation rum, and require it to be labeled this way.”
Another representation on the bottle is that the rum has been “aged for up to 7 years[.]” The complaint alleges that this is not true and that the Don Papa product is a mix of younger and older rums, and the oldest is seven years old.”
Article Type: LawsuitTopic: Consumer
Most Recent Case Event
Don Papa Qualification as Rum Complaint
May 22, 2022
What defines rum? This class action takes issue with a rum sold by Zamora Company USA, LLC under the Don Papa brand, alleging that it is not really rum “as this spirit is defined by regulations and understood by consumers.”
Don Papa Qualification as Rum ComplaintCase Event History
Don Papa Qualification as Rum Complaint
May 22, 2022
What defines rum? This class action takes issue with a rum sold by Zamora Company USA, LLC under the Don Papa brand, alleging that it is not really rum “as this spirit is defined by regulations and understood by consumers.”
Don Papa Qualification as Rum Complaint