Lone River “Ranch Water” Contains No Tequila Class Action

Lone River Ranch Water is a product of Diageo North America, Inc. But do the cans contain the drink that is actually known as ranch water? The complaint for this class action alleges that the drink is not ranch water because it does not contain tequila and contains an added sweetener.

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 Texas, North Dakota, Wyoming, Idaho, Alaska, Iowa, Mississippi, Virginia, Arkansas, North Carolina, and Utah who bought the product during the applicable statutes of limitations.

According to the complaint, ranch water probably had its origins on the ranches of West Texas, where it’s very hot: Cowboys “began their day with a thermos full of tequila and ice, and after lunch they would add lime, a staple of their Tex-Mex cuisine.” At a later point, carbonated water “was added to improve refreshment.”

Ranch water has become popular for a number of reasons, the complaint says. For example, it claims, consumers are moving away from sugary drinks to drinks they can make themselves, with simple, natural ingredients that are not highly processed. Also, the complaint claims that tequila, made from the agave plant, is “the fastest-growing spirits category.”

Ranch water’s simple formula of tequila, lime juice and sparkling water, the complaint alleges, gives the impression that it is “better for you” than other alcoholic drinks. Finally, the associations with western ranching “appeal to a sense of adventure.”

Page 1 of the complaint shows a can and the packaging for a six-pack of the drink, showing the words “Ranch Water,” “Original,” “Hard Seltzer,” “Made with 100% Agave & Natural Lime Juice,” along with shapes indicating the state of Texas, a longhorn, and an agave plant.

According to the complaint, consumers will read “Ranch Water,” “Hard Seltzer,” and “Original” to mean that the drink contains tequila. But page 3 of the complaint reproduces the ingredient panel, which lists no tequila, only “Alcohol from Sugar.” The complaint alleges that the alcohol is therefore only a form of fermented sugar, or beer.

Also, the ingredient panel shows “Organic Agave Nectar,” which the complaint claims reinforces the deception because tequila is made from agave. However, in this instance, the complaint claims, the agave is being used as a sweetener, which is not an ingredient in the original recipe for ranch water.

The designation as “Ranch Water,” the complaint claims, “fails to tell purchasers the Product they are buying not only lacks tequila but is classified as a flavored beer.”

Article Type: Lawsuit
Topic: Consumer
Tags: Deceptive Advertising, Deceptive Labels, Does Not Contain Implied Ingredients