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Topo Chico Margarita No Tequila Content Class Action

Margaritas are drinks that are traditionally made with tequila. But the complaint for this class action alleges that the Coca-Cola Company’s Topo Chico Margarita—Hard Seltzer drinks are misleadingly named because they contain no tequila are, in fact, flavored beers.

Two classes have been defined for this action:

  • The New York Class is all persons in New York who bought the product during the applicable statutes of limitations.
  • The Consumer Fraud Multi-State Class is all persons in Montana, New Mexico, Idaho, South Carolina, Utah, Mississippi, and Alaska who bought the product during the applicable statutes of limitations.

The first page of the complaint shows an image of the Topo Chico carton, which has large yellow panels with darker-yellow images of the agave plant, the plant from which tequila is made. Also shown are the brand name “Topo Chico” and the words “Margarita” and “Hard Seltzer.” It also says, “Naturally Flavored with Other Natural Flavors.”

The complaint quotes three different sources as to the definition of a margarita, all of which specify that a margarita is a cocktail made with tequila. The complaint alleges, “Consumers expect to receive a cocktail containing tequila when they order a margarita as this ingredient defines what a margarita is.”

Also, the complaint alleges, the name of the product, “Margarita—Hard Seltzer,” implies hard liquor or spirits, such as tequila.

However, page 4 of the complaint reproduces the product’s ingredient panel, which lists “Alcohol” and “Agave Syrup” but no tequila. The complaint claims that the “Alcohol” ingredient comes from a fermented sugar base[.]”

The statement on the can, “Naturally Flavored with Other Natural Flavors,” the complaint claims, “does not tell consumers the drinks they are purchasing are flavored beers that purport to taste like a margarita.”

In light of this, the complaint contends, the representations of “Margarita” and “Hard Seltzer,” and the representations of agave plants, “are misleading because the Product does not contain tequila” or any other kind of distilled spirits. Instead, the complaint alleges that the base class for the drink is beer, something that is not revealed in the product name or on its front label.

Because of the misleading representations of the product as being ready-to-drink margaritas, the complaint alleges, it is sold at a higher price than it would be if it were acknowledged to be a beer drink containing no spirits, “higher than it would be sold for absent the misleading representations and omissions[.]” The complaint claims, “The value of the Product … was materially less than its value as represented” in the name and labeling.

Article Type: Lawsuit
Topic: Consumer

Most Recent Case Event

Topo Chico Margarita No Tequila Content Complaint

August 14, 2022

Margaritas are drinks that are traditionally made with tequila. But the complaint for this class action alleges that the Coca-Cola Company’s Topo Chico Margarita—Hard Seltzer drinks are misleadingly named because they contain no tequila are, in fact, flavored beers.

Topo Chico Margarita No Tequila Content Complaint

Case Event History

Topo Chico Margarita No Tequila Content Complaint

August 14, 2022

Margaritas are drinks that are traditionally made with tequila. But the complaint for this class action alleges that the Coca-Cola Company’s Topo Chico Margarita—Hard Seltzer drinks are misleadingly named because they contain no tequila are, in fact, flavored beers.

Topo Chico Margarita No Tequila Content Complaint
Tags: Alcoholic Drinks, Deceptive Advertising, Deceptive Labels, Does Not Contain Implied Ingredients