Diageo has filed a motion to dismiss a US class action lawsuit alleging its Don Julio and Casamigos tequila brands are not sourced entirely from agave, calling the claims “implausible” and “lacking legal and logical merit.”
The complaint, which has been filed in Florida, relies on isotope testing by a European laboratory that purportedly found non-agave alcohol sources in both brands. Diageo said the test is “scientifically unvalidated” and based on “one sample of each brand, neither of which plaintiffs themselves purchased”.
“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,” a Diageo spokesperson said.
In its response to the filing, the brand owner argued that the plaintiffs’ case rests on “copycat conjecture” and likened their claims to “someone claiming the earth is flat because he saw a ‘test’ result somewhere that says his neighbour’s backyard is level”. Diageo added that its production process includes “multiple layers of verification” overseen by internal teams and independent regulators.
The motion follows related lawsuits in California and New York that also cite isotope testing to challenge “100% agave” labelling. Diageo maintains its tequilas comply fully with Norma Oficial Mexicana (NOM) standards, which require products labelled “100% agave” to be made entirely from blue weber agave and bottled in Mexico.
The Florida court has not yet ruled on Diageo’s motion.
In February, the group said it had rebalanced its approach to the tequila category, having concluded that Casamigos and Don Julio had been “going up against each other”.
