Proximo Spirits, Inc. has settled a class action alleging it deceptively
marketed Tincup Whiskey® as manufactured entirely in Colorado despite
part of its production occurring in Indiana. Aliano v. Proximo Spirits,
Inc., No. 14-17429 (Ill. Cir. Ct., Cook Cty., preliminary approval entered
September 16, 2015).

Proximo has agreed to establish a $425,000 settlement fund to pay class
members with proofs of purchase $4.50 and $2.25 to those without, per
bottle purchased. In addition, class members who purchased Tincup
for on-premises consumption can receive $0.75 up to a maximum of
five drinks. Future Tincup labels will no longer feature claims that the
product was manufactured entirely in Colorado and instead must identify
the state or states where Proximo manufactured the product.

 

Issue 580

About The Author

For decades, manufacturers, distributors and retailers at every link in the food chain have come to Shook, Hardy & Bacon to partner with a legal team that understands the issues they face in today's evolving food production industry. Shook attorneys work with some of the world's largest food, beverage and agribusiness companies to establish preventative measures, conduct internal audits, develop public relations strategies, and advance tort reform initiatives.

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