According to All Hip Hop, the Weber Blue Agave plant – a plant indigenous to arid regions of Mexico and the base plant for Tequila production – is extremely popular in the United States. In fact, American consumption has increased by 30% between 2015 and 2020. But like most consumer goods, pure Blue Agave is more desirable and expensive for buyers than diluted or fake substitutes.
That is why consumer Rebecca Read is initiating a class action lawsuit against Travis Scott and Anheuser-Busch, claiming that the duo’s Cacti spiked seltzer brand is cheating consumers by advertising that their product contains “100% Blue Agave from Mexico” when it truly contains the extract “agave sweetener.”
“The Product lacks any Agave spirits and instead uses ‘Agave syrup,’ a sweetener derived from the Agave plant, as shown in the fine print ingredient list on the back of the product,” says Read’s complaint obtained by All New Hip Hop. The complaint continues, “Defendant sold more of the Product and at higher prices than it would have in the absence of this misconduct, resulting in additional profits at the expense of consumers. Had Plaintiff and proposed class members known the truth, they would not have bought the Product or would have paid less for it.”
Also according to Read’s complaint via All New Hip Hop, “…state and federal regulations require the front label of Cacti to identify the product as something other than “Agave Spiked Seltzer.”
Spencer Sheehan of Great Neck, NY represents Read.