FYI, Those Mini Bottles of Fireball Sold at Gas Stations Aren't Actually Whiskey (2024)

In April 2021, a columnist for the Albany-based newspaper,The Times Union,wrotethat liquor store owners were “pissed” that supermarkets, convenience stores, and gas stations had started stocking mini-bottles of Fireball — despite the fact that in New York state, only liquor stores are allowed to sell spirits. But that’s because what was selling in gas stations isn’t actually Fireball at all.

As writer Steve Barnes explained, those single-serving bottles, which often retail for under a dollar, are called FireballCinnamon, and they aren’t the same product as Fireball Cinnamon Whisky. The difference between the two drinks is that Fireball Cinnamon is actually a malt-based beverage with 16.5% alcohol by volume (ABV), while Fireball Cinnamon Whisky is whisky-based and has an ABV of 33%. “The labels look almost identical,” he wrote. “That is intentional.”

Those two beverages — and their similar-looking labels — are now the subject of a class-action lawsuit. Lead plaintiff Anna Marquez has sued Sazerac Company, Inc, which makes and markets Fireball.According to her legal filing, Marquez saw a “huge” display of Fireball Cinnamon at a gas station and wondered if the station was “doing something they’re not supposed to be doing.”

TheWashington Postreported, the basis of Marquez’s lawsuit is that those little bottles of Fireball Cinnamon are misleading because of the products’ branding and the wording on the label. The legal filing notes that the “bottles appear identical but for the word ‘Whisky’ on the front label” and that Fireball Cinnamon’s label describes it as a “Malt Beverage with Natural Whisky & Other Flavors and Caramel Color.”

“Using the words ‘With Natural Whisky & Other Flavors’ is a clever turn of phrase because consumers who strain to read this will [not] see how it [sic] ‘Natural Whisky’ is distinct from ‘Other Flavors,’” the lawsuit reads. “They will think the product is a malt beverage with added natural whisky and other flavors. What the label means to say is that the product contains ‘Natural Whisky Flavors & Other Flavors,’ but by not including the word ‘Flavors’ after ‘Natural Whisky,’ purchasers who look closely will expect the distilled spirit of whisky was added as a separate ingredient.”

As a result, the lawsuit says that Marquez is “unable to rely on the labeling of not only this product but other flavored malt beverages which use the names of distilled spirits.” (That line may be a reference toanother of Sazerac’s malt-based beverages, the 20% ABV version of Southern Comfort.) The lawsuit is seeking “unspecified statutory and punitive damages” for anyone in Alaska, Arizona, Arkansas, Idaho, Illinois, Iowa, Kansas, Mississippi, North Dakota, South Carolina, Utah, or Wyoming who has purchased Fireball Cinnamon.

In the FAQ section of the Fireball website, Sazerac describes Fireball Cinnamon as “malt-based [...] alcoholic beverages that are made using our proprietary recipe, capturing the essence of the Fireball taste experience consumers love.” And in response to a question about how one can tell Fireball Cinnamon from Fireball Cinnamon Whisky, the company says that Fireball Cinnamon can be recognized by “the words Fireball Cinnamon on the front label, without ‘Whisky’.” Whether or not that’s enough of a distinction may be up to the courts to decide.

FYI, Those Mini Bottles of Fireball Sold at Gas Stations Aren't Actually Whiskey (2024)

FAQs

FYI, Those Mini Bottles of Fireball Sold at Gas Stations Aren't Actually Whiskey? ›

The difference between the two drinks is that Fireball Cinnamon is actually a malt-based beverage with 16.5% alcohol by volume (ABV), while Fireball Cinnamon Whisky is whisky-based and has an ABV of 33%. “The labels look almost identical,” he wrote. “That is intentional.”

Are the little bottles of Fireball actually whiskey? ›

There's no whiskey in bottles of Fireball Cinnamon, so customers are suing for fraud. Smaller bottles of Fireball do not contain whiskey, but a blend of malt beverage, wine and additional flavors and colors. Customers are suing the company for fraud, alleging the packaging is misleading.

Do gas stations sell fake Fireball? ›

If you've ever wondered why you can buy Fireball nips at gas stations and convenience stores that only have a wine and beer license, you're not alone. Turns out it's because there are actually two types of Fireball nips — one that contains whiskey and one that doesn't.

What is the controversy with the small bottle of Fireball? ›

Those mini-bottles of Fireball Cinnamon at gas stations don't actually have any whisky in them. A class-action lawsuit has been filed in Cook County, Illinois against the makers of Fireball Cinnamon over what the plaintiff alleges is purposefully misleading packaging.

What is going on with Fireball whiskey? ›

Why Is Fireball Being Sued? In January 2023, a Chicago woman named Anna Marquez filed a lawsuit against the parent company of Fireball, The Sazerac Company, alleging fraud. According to The New York Times, Marquez purchased a bottle of Fireball Cinnamon, expecting to receive a whiskey-based libation.

Are Fireball shooters real? ›

True, there is no whisky in 'Fireball Cinnamon' products -- but there is alcohol. According to the company, customers have to look closely to the labels. ATLANTA — A newly filed lawsuit from a woman in Illinois claimed the popular "Fireball Cinnamon" shooters don't actually contain whisky.

What is the difference between Fireball Whisky and Fireball? ›

Fireball Cinnamon Whisky has 33% alcohol by volume, while “Fireball Cinnamon” has 16.5% alcohol by volume and is a malt beverage, not a real Whisky product.

Is the Fireball at Walmart real? ›

It turns out that if you're buying a bottle of Fireball at your local liquor store, you are indeed purchasing whiskey, but if you see it elsewhere — like, say, your local grocery store — the bottle instead contains “a malt beverage flavored to taste like whiskey.”

What is the lawsuit about small Fireball shots? ›

A civil lawsuit filed in federal court alleges Fireball mini bottles do not actually contain any whisky as the label says. CHICAGO (WLS) -- A civil lawsuit filed in federal court alleges Fireball mini bottles do not actually contain any whisky as the label says.

What is in Fireball that makes it illegal? ›

This fact was so unsettling to Europeans that sales of Fireball were "temporarily halted" in Norway, Sweden, and Finland in 2014, which Fireball said was "due to a small recipe-related compliance issue." The chemical that came under fire was propylene glycol, which supposedly enhances flavor by absorbing water.

Why is Fireball being discontinued? ›

Fireball Whisky is being pulled from shelves in Europe because it contains too much propylene glycol – an additive that prevents evaporation and is a stabilizer in foods. But it's not going anywhere in the United States.

Does Fireball have antifreeze in it? ›

Fireball is 100% safe to drink. Fireball does not contain any antifreeze at all, and the suggestion is ridiculous. Sadly, this is the media's way of crafting attention grabbing headlines, but it simply is not true. We would not dream of putting antifreeze in our product.

Why does Fireball not get you drunk? ›

For what it's worth, Fireball is 66 proof, making it much weaker than most other whiskies, which are typically between 86-100 proof.

What is the fake Fireball? ›

The difference between the two drinks is that Fireball Cinnamon is actually a malt-based beverage with 16.5% alcohol by volume (ABV), while Fireball Cinnamon Whisky is whisky-based and has an ABV of 33%. “The labels look almost identical,” he wrote. “That is intentional.”

Why did Fireball get recalled? ›

Drinkers the world over let out a collective gasp this week when Fireball Cinnamon Whisky was recalled in some European countries for containing what regulators deemed an unsafe level of propylene glycol—a chemical found in antifreeze.

How much alcohol is in a mini bottle of Fireball? ›

The difference between the two drinks is that Fireball Cinnamon is actually a malt-based beverage with 16.5% alcohol by volume (ABV), while Fireball Cinnamon Whisky is whisky-based and has an ABV of 33%. “The labels look almost identical,” he wrote.

What proof is Fireball mini bottles? ›

Fireball Cinnamon malt-based is 33 proof (16.5% alcohol by volume) and Fireball Cinnamon wine-based is 42 proof (21% alcohol by volume). Fireball Cinnamon contains less alcohol than our 66 proof Fireball Whisky.

What is the Fireball shooters controversy? ›

The lawsuit said that the Sazerac Company's representations of Fireball Cinnamon were “false and misleading” and that the bottles “appear similar” to Fireball Cinnamon Whisky bottles. Both bottles have a red cap, a yellow label with the word “Fireball” and a logo featuring a fire-breathing, dragon-like creature in red.

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