Anheuser-Busch is under fire for allegedly misleading consumers in the marketing of Bud Light Platinum Hard Seltzer. A class action lawsuit filed against the alcohol beverage giant claims the company’s use of the phrase “Made With Agave” in its advertising is problematic and false in that it “misrepresented and/or omitted the attributes and qualities of the product.”

Bud Light Platinum Hard Seltzer is crafted with agave syrup, a sweetener made from the liquid of the agave plant, which is the source of food products and fibers for clothing.

Bud Light Platinum Hard Seltzer is crafted with agave syrup, a sweetener made from the liquid of the agave plant, which is the source of food products and fibers for clothing.

The AB InBev imperial seltzer does not contain agave spirits. Agave spirits are also derived from the agave plant but they must first be fermented and distilled into mezcal liquors. Bud Light Platinum Hard Seltzer instead contains a cold-fermented cane sugar alcohol base.

The lawsuit alleges that the seltzer is marketed in such a way that it “give[s] consumers the impression the product contains a more valued type of agave ingredients than it does.”

Agave spirits have become particularly popular in recent years. Celebrity-owned tequila brands have been a huge factor in the premiumization of spirits made from the Mexican plant. According to the lawsuit, “agave spirits are the fastest growing category in the US” and “the third largest spirits category,” after vodka and whiskey.

Agave is cultivated by hand using traditional harvesting methods. The agave crop is susceptible to harsh weather and disease, among other issues. Agave plants must mature seven years before cultivation, making them expensive and labor-intensive to farm. Agave spirits are more costly to produce and more in demand than fermented cane sugar. The lawsuit alleges Bud Light Platinum Seltzer is attempting to mislead consumers into associating its product with agave spirits, which are highly coveted, instead of agave syrup.

The lawsuit also considers Bud Light Seltzer’s use of the word “platinum” to be deceptive. The class action alleges that “platinum” connotes an inherent value or worth as it is often associated with the precious metal or a platinum status. “Platinum” is also a term used for premium tequilas, such as Gran Patrón Platinum, which is made with 100% Weber Blue Agave, triple distilled for smoothness and finally aged in oak.

According to the lawsuit, “Reasonable consumers must and do rely on a company to honestly identify and describe the components, attributes, and features of the Product, relative to itself and other comparable products or alternatives.”

The class action claims the phrase “Made for the Night” coupled with the brand’s enhanced ABV of 8%, marketing images of the beverage being served in a glass over ice, and a price point higher than most typical hard seltzers, all add to the perception that Bud Light Platinum Seltzer contains real agave spirits. The class action alleges “the value of the Product that plaintiff purchased was materially less than its value as represented by defendant.”

The complaint, which was filed in the United States District Court of Illinois on Tuesday, is composed of consumers from Arkansas, Illinois, and Iowa who purchased Bud Light Platinum Seltzer as a result of the brand’s “unfair or deceptive acts or business practices.” According to the filing, the plaintiffs “would not have purchased the Product or paid as much if the true facts had been known.” The plaintiffs are seeking monetary damages from Anheuser-Busch as well as the correction of marketing materials and practices.

Shirani Jayasuriya
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