CACTI Agave Spiked Seltzer Uses Cheap Sweetener, Class Action Lawsuit Alleges
According to a recent false advertising class action lawsuit, Anheuser-Busch’s—Agave Spiked Seltzer—, sold under the CACTI brand, does not contain agave spirits and instead uses a lower-quality agave sweetener.
Rebecca Read v. Anheuser-Busch InBev Worldwide Inc.
Rebecca Read, the lead plaintiff, filed the class action in Illinois on September 11, alleging that the company violated state fraud and business laws and also committed negligent misrepresentation.
According to the class action lawsuit, Anheuser-Busch InBev Worldwide Inc. produces, labels, distributes, and sells “Agave Spiked Seltzer.” The product is claimed to be made with a 100% premium blue agave plant from Mexico that contains natural flavoring for a bold and refreshing taste.
Agave is a perennial succulent plant that is frequently confused with cactus and has historically been the primary ingredient in tequila. According to the assertion, agave-based spirits will be the 3rd largest spirits category in the United States by 2021, following vodka and whiskey.
The lawsuit argues that Anheuser-Busch capitalized on the popularity of agave by branding its drink in a way that highlighted the agave plant through language and images, notably on the front of the cans.
CACTI Falsely Advertised?
Read adds that she was not expecting to find that “Agave Spiked Seltzer” contained agave sweetener because it was not labeled as “Agave Sweetened Spiked Seltzer” and also was advertised alongside a scene of agave plants with the statement, “Down to earth ingredients. Out of this world flavor.”
She argues that the product is advertised as made out of 100% Blue Agave.
Consumers are misled by these representations because they are led to believe that the agave spiked seltzer has a higher valuable type of agave components than it actually does, according to Read. If she had understood the representations were misleading and false, she would not have made her purchase, she said.
In addition to the claim, had the plaintiff and the proposed class members had known the facts, they would not have purchased the goods or would have paid far less for it.
According to the lawsuit, when referring to an alcoholic beverage, customers will assume that the phrase “Agave Spiked Seltzer” refers to seltzer that has been “spiked” with agave spirits.
Read is seeking to represent consumers in the states of Illinois, Iowa, and Arkansas. She charges violations of:
- Express warranty breaches
- The Illinois Consumer Fraud and Deceptive Business Practices Act
- Negligent misrepresentation, and
- Unjust enrichment.
Lastly, Plaintiff seeks class certification, damages, injunctive relief, attorney’s fees, and costs, and interest, as well as a jury trial.
Travis Scott and CACTI Agave Spiked Seltzer
Travis Scott has already established himself as a successful recording artist, songwriter, producer, and fashion mogul. His latest endeavor sees him teaming up with America’s leading brewer, Anheuser-Busch, to create a new hard seltzer.
CACTI Agave Spiked Seltzer is a 7% ABV (alcohol by volume) seltzer supposedly made with 100% premium blue agave from Mexico. It comes in three flavors: pineapple, strawberry, and lime.
Editor’s Note on Agave Spiked Seltzer Class Action Lawsuit:
This article is written to inform you of the class action lawsuit against Anheuser-Busch and the allegations against its CACTI to have violated state fraud and committed misrepresentation. You might also be interested in Truly Black Cherry Hard Seltzer Lawsuit.
Case Name & No.: Rebecca Read v. Anheuser-Busch InBev Worldwide Inc., Case No. 1:21-cv-01261-JES-JEH
Jurisdiction: U.S. District Court Central District of Illinois Peoria Division
Products/Services: CACTI Agave Spiked Seltzer
Allegations: Anheuser-Busch’s allegedly misrepresented the Product regarding its actual ingredients
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