Old Charter Bourbon Misrepresented as Aged for 8 Years, Projected Class Action Alleges

A consumer has filed a putative class action against Buffalo Trace Distillery, Inc., Old Charter Distillery Co. and Sazerac Co. alleging the companies misrepresent Old Charter Bourbon as aged for eight years before entering the market. Parker v. Buffalo Trace Distillery, Inc., No. 16-8986 (S.D.N.Y., filed November 18, 2016). The complaint argues that Old Charter was aged for eight years before a switch in manufacturing practices in 2014, and the bottle’s labels were adjusted to remove the eight-year claim. Where the label once said “Aged 8 years,” the label was changed to merely display an 8; in another spot on the label, the text reads, “gently matured for eight seasons.” The plaintiff alleges negligent misrepresentation, fraud, breach of warranty, unjust enrichment and violations of New York and federal law.

Issue 624