Recently, Anheuser-Busch InBev has been hit with separate class action complaints on two different brands of hard seltzer, both having to do with the amount of agave (or lack thereof) contained within the drinks.

The first complaint is directed at Cacti, a hard seltzer done in collaboration between Anheuser-Busch and “SICKO MODE” rapper Travis Scott. Cacti labels itself as an “Agave Spiked Seltzer” and features agave plants heavily in its advertisements.

An ad for Cacti, complete with the phrase “100% premium blue agave from Mexico” at the bottom, the phrase “agave spiked seltzer” on the can and a field of agave plants in the background.

On top of that, Cacti promotes that the hard seltzer contains, “100% blue agave,” the exact type of agave used to make tequila.

Based on the branding and advertising, plaintiff Rebecca Read of Illinois purchased Cacti, despite it begin sold at a higher price than competing hard seltzers. Read was under the assumption that the drink contained some amount of agave spirits. Come to find out, Cacti contains no agave spirits. Rather, it contains agave syrup used as a sweetener rather than an alcoholic enhancement.

The official complaint, filed in September, accuses Cacti of misrepresenting their product through their heavily agave-based marketing. Cacti would not sell as many drinks or be able to charge the higher prices that they do if they weren’t able to use these misleading tactics. 

Not a month later, another Anheuser-Busch product has had a class action complaint filed against them for the very same thing.

Plaintiff Stella Khaimova, also of Illinois and also being represented by the same attorney (Spencer Sheehan), has filed a complaint against Anheuser-Busch for overstating the amount of agave in their Bud Light Platinum hard seltzer. The branding and advertising for this product is less heavy-handed than that of Cacti, but still, the phrase “made with agave” is printed loud and clear on the advertisement and on the front of the can. Inside of the can, however, there is nothing but agave syrup.

Cases like the have been brought against Anheuser-Buch in the past (there is an open class action from last year about their non-margarita drink, the Lime-A-Rita). Sheehan is also known for bringing false advertising claims against major food and drink companies. However, only time will tell where both of these agave cases go from here.

As always, check back in on our blog at https://certificateclearing.com/index.php/blogs/ for more news about the world of class action lawsuits. 

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