The makers of Fireball whiskey are being sued because some of their mini bottles don’t actually contain whiskey.  In states where gas stations can’t sell liquor, they’ve been selling a malt version that’s only 16.5% alcohol instead of 33%.  The lawsuit claims the labels look too similar.

If you’ve been sucking these down and thought you could REALLY handle your booze, not so fast:  The makers of Fireball whiskey are being sued because some of their mini bottles don’t actually contain whiskey.

Anything you buy at a liquor store probably does.  But in states where gas stations and grocery stores can’t sell liquor, they’ve also been selling another version.  To get around the laws, they lowered the alcohol content and changed the label.

They look just like normal mini bottles, but instead of “Fireball Cinnamon Whisky,” the label says “Fireball Cinnamon,” and they only cost around $1.  The lawsuit claims they didn’t make it clear that it’s not the real stuff.  (Here’s are photos.)

Normal Fireball is 66 proof, or 33% alcohol.  The gas station version is a malt beverage with whiskey “flavoring” that’s only 33 proof, or 16.5% alcohol.

The label says it’s a, quote, “Malt Beverage with Natural Whisky & Other Flavors.”  The lawsuit claims it’s not clear that they mean whisky FLAVORS.  If they win, anyone who bought the mini bottles in 12 states could get money. 

(The 12 states are Illinois, North Dakota, Wyoming, Idaho, Alaska, Iowa, Mississippi, Arkansas, Kansas, Arizona, South Carolina, and Utah.)

(To show there really was confusion, the lawsuit specifically mentions a radio station in New York that talked about it in 2021, and wondered how convenience stores were getting away with selling “liquor.”)

(For what it’s worth, the FAQ part of Fireball’s website has a whole section called “Fireball Cinnamon” that explains what it is and how to tell the difference.)