Casamigos and Don Julio Aren't Made From 100% Agave Tequila, Two Suits Claim
The original lawsuit was filed in the U.S. District Court of the Eastern District of New York by three parties: New Jersey resident Avi Pusateri, New York bartender Chaim Mishulovin who runs the Jazz Age Cocktails Instagram account, and Brooklyn restaurant and bar Sushi Tokyo Inc. The trio's class action lawsuit, which seeks $5 million in damages, claims that Diageo falsely labeled bottles of Casamigos and Don Julio as being made from 100 percent agave when they actually had 'significant concentrations of cane or other types of alcohol rather than pure tequila' and that they 'paid super-premium prices… but they received neither a premium product nor 100 percent Blue Weber agave tequila.'
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According to guidelines set by the CRT, the governing body that regulates tequila in Mexico, a product labeled 100 percent agave must be made only from Blue Weber agave. While that tequila can legally contain less than one percent by volume of additives to enhance flavor, color, and texture, it cannot contain the cane or other sugar-derived alcohols that the lawsuit mentions—that would classify it as a mixto, which cannot be labeled 100 percent agave. 'Don Julio and Casamigos tequilas are crafted from 100 percent Blue Weber agave and, following a rigorous certification process by the CRT, are in full compliance with the official tequila standard (NOM) and U.S. TTB regulations,' said Diageo global head of agave Sophie Kelly at the time, according to Food & Wine. 'We look forward to vigorously defending the quality and integrity of our tequilas in court.'
The new lawsuit, which alleges RICO violations, was filed in San Francisco by California resident Jacqueline Jackson and it includes lab results of testing on four Diageo tequilas, according to the website Mezcalistas. Specifically, the suit says that a sample of Casamigos Blanco contained just 33 percent ethanol derived from agave, and a sample of the Reposado expression contained about 42 percent ethanol derived from agave—levels that fall below the 51 percent that is required even for a mixto. Additionally, the suit claims lab results found similar low levels of ethanol derived from agave in samples of Don Julio Blanco and 1942 Anejo.
We reached out to Diageo for comment, but have not received a response at time of publication.
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