ST. LOUIS — Consumers have filed a class-action lawsuit against Buffalo Trace Distillery, Inc., Old Charter Distillery Co., and Sazerac Company, Inc., citing alleged breach of implied warranty, breach of expressed warranty, fraud, negligent misrepresentation, unjust enrichment and violations of the Missouri Merchandising Practices Act, the Magnuson-Moss Warranty Act, the Florida Deceptive and Unfair Trade Practices Act and the South Carolina Unfair Trade Practices Act.
Stephen Penrose, James Thomas, Joseph Guardino and Daniel Pope filed a complaint Jan. 27 in the U.S. District Court for the Eastern District of Missouri against the defendants alleging that they obtained profit through unfair or deceptive trade or commerce.
According to the complaint, the plaintiffs allege that they have paid a premium price for the deceptive representation of defendants' liquor products. In an attempt to upsell a newer and inferior version of their product, the defendants intentionally misled the public to believe that the bourbon they were producing is aged for eight years by prominently labeling the bottle with a number eight on three different locations.
The plaintiffs hold Buffalo Trace Distillery, Old Charter Distillery and Sazerac Company responsible because they allegedly introduced a product in the market that confused and deceived consumers and caused consumers to pay more for what they thought was a high-quality product.
The plaintiffs request a trial by jury and seek enjoin the unlawful acts and practices of the defendants, declaratory relief, restitution, compensatory and punitive damages, three times actual damages, attorneys’ fees, expenses and costs of suit. They are represented by Yitzchak Kopel of Bursor & Fisher PA in New York.
U.S. District Court for the Eastern District of Missouri Case number 17-cv-00294