January 2016: A state judge granted final approval of the settlement.

September 2015: A state judge preliminarily approved a $425,000 settlement of a false advertising class-action lawsuit against Proximo Spirits (the maker of Tincup whiskey). According to the complaint, the company deceptively marketed Tincup as being manufactured entirely in Colorado when it actually is not.

The settlement provides class members with both monetary and injunctive relief. The amount each class member receives depends on the product purchased and whether the class member has proof of purchase.

  • Class members without proof of purchase may receive a refund of $2.25 for each bottle purchased (for up to 6 bottles),
  • Class members with proof of purchase may receive a refund of $4.50 for each bottle purchased (for up to 6 bottles), and
  • Class members who purchased an alcoholic beverage containing Tincup at a retail establishment may receive a $0.75 refund for each beverage purchased (for up to 5 drinks).

In addition, the company agreed not to state in its labeling and marketing of the whiskey that Tincup is manufactured entirely in Colorado and to identify the state or states where the spirit was distilled. Such changes are to remain in effect for four years.

A final fairness hearing is scheduled for January 21, 2016. (Aliano et al v. Proximo Spirits, Inc., Case No. 2014-CH-17429, Circuit Court of Cook County Illinois)

For more information about other class-action lawsuits regarding alcoholic beverages and TINA.org’s coverage of them, click here.

 


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