Greenspoon Marder Hospitality, Alcohol & Leisure Blog: In Vino Veritas-Perhaps Not

Nov 17, 2021

Florida Beverage Law is not without odd and outdated statutory provisions. Take Florida Statute 562.455 which was recently tested in federal court.

562.455 Adulterating liquor; penalty.—Whoever adulterates, for the purpose of sale, any liquor, used or intended for drink, with cocculus indicus, vitriol, opium, alum, capsicum, copperas, laurel water, logwood, brazil wood, cochineal, sugar of lead, or any other substance which is poisonous or injurious to health, and whoever knowingly sells any liquor so adulterated, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

A federal class action lawsuit was filed against world famous Bacardi for the use of the spice “grains of paradise” in its very popular Bombay Gin. Plaintiff’s argued that the inclusion of the spice in Bombay was a violation of the above-mentioned Florida Statute and brought suit under Florida Deceptive and Unfair Trade Practices Act (FDUTPA). The Plaintiff’s argued that both the manufacturer, Bacardi and the retail seller, the supermarket chain of Winn-Dixie engaged in unfair and deceptive practices by selling the product with the spice as an ingredient and in violation of Florida Statute 562.445 and FDUTPA.

Long ago, in 1958 in fact, the Federal Food and Drug Safety Act was amended to include grains of paradise as “generally regarded as safe” or “GRAS” permitting its use in food and drink. Because of this, the Federal District Court disagreed with the Plaintiff and dismissed the complaint, concluding that Federal law preempted Florida law. The federal government found the spice to be GRAS (safe for consumption) and as such was permitted to be used in food and/or beverage.

The Plaintiff appealed to the 11^th Circuit and lost there too. The Circuit Court found that the Plaintiff’s cause of action under FDUTPA failed because they knew just what they were getting. There was no deception…grains of paradise as an ingredient is listed, in fact etched on the bottle of Bombay Gin.

The Plaintiff’s also brought a claim for unjust enrichment. The Circuit Court concluded that this count had no merit either. The Plaintiffs received bottles of gin which had value-it was not worthless due to adulteration as the Plaintiff’s complained. Interestingly, the Plaintiffs drank the gin which aided in the defeat of the unjust enrichment claim and, in this writers, mind may have been the reason this lawsuit was brought in the first place.

Sometimes In “Vino Veritas” is just not the case.

About Greenspoon Marder

Greenspoon Marder LLP is a full-service law firm with over 240 attorneys and more than 20 office locations across the United States. With operations from Miami to New York and from Denver to Los Angeles, our firm attracts some of the nation’s top talent in key markets and innovation hubs. Our core practice areas include Real Estate, Litigation, and Transactional Services, complemented by the capabilities of a full-service firm. Greenspoon Marder has upheld a spot on The American Lawyer’s Am Law 200 as one of the top law firms in the U.S. since 2015, and our goal is to provide exceptional client service by developing a thorough understanding of each client’s business needs and objectives in order to provide strategic, cost-effective solutions.

MEDIA CONTACT

Natalie Villanueva, Director of Marketing
954.333.4308 | [email protected]

This Greenspoon Marder LLP Client Alert is issued for informational purposes only and is not intended to be construed or used as general legal advice nor a solicitation of any type. Please contact the author(s) or your Greenspoon Marder LLP contact if you have any questions regarding the currency of this information. The hiring of a lawyer is an important decision. Before you decide, ask for written information about the lawyer’s legal qualifications and experience.

Previous Next

News

Greenspoon Marder Hospitality, Alcohol & Leisure Blog: In Vino Veritas-Perhaps Not

Share

News & Events

News & Events