Diageo files motion to dismiss Florida tequila lawsuit

Diageo has filed a motion to dismiss legal findings in the Florida class action lawsuit that accused the company of tequila adulteration.

The lawsuit, filed in Miami-Dade County, claimed that Diageo North America had falsely marketed its Casamigos and Don Julio tequila brands as 100% agave and had “known the truth of the ingredients in the products.”

In the motion to dismiss, Diageo has said that the “plaintiffs’ claims are not only false, they are the definition of implausible.”

A Diageo spokesperson said: “We have moved to dismiss this complaint as the allegations are implausible, lacking legal and logical merit. The plaintiffs hinge their allegations on a scientifically unvalidated test; this is simply copycat conjecture based on other sham complaints.

“As previously stated, we are confident in our defence as all bottled Casamigos and Don Julio tequilas labelled as '100% agave' are just that – proudly made from 100% Blue Weber agave.”

The motion brings into question the validity of the scientific testing that has been used in multiple suits as evidence of wrongdoing.

As stated in the motion: “[The plaintiff’s] theory that Diageo’s tequilas contain non-agave alcohol sources rests entirely on incomplete and vaguely described results from a single European company’s 'test' that has no scientifically proven or even demonstrated applicability to tequila.

“That unvalidated 'test'—purportedly performed on one sample of Diageo’s Casamigos and one sample of its Don Julio brand tequila, neither of which Plaintiffs themselves purchased—somehow proves, according to them, that every bottle of tequila Diageo has sold for decades was not, as the label states, “100% agave.”

The motion also highlighted how widespread the collusion between deceptive parties would have to be in order to be valid.

“[Plaintiffs] essentially claim that the hundreds of people involved in the making of Casamigos and Don Julio tequilas—farmers, Diageo employees and scientists, independent government-authorised regulators and others—are lying and complicit in a massive, years-long consumer deception.”

The Florida class action lawsuit was one of several launched against Diageo’s North American subsidiary this year, claiming that Casamigos and Don Julio were falsely labelled as 100% agave while containing a portion of alcohol not derived from agave.