Travis Scott’s new hard seltzer, Cacti, is in trouble. Scott advertised his drink as made “with 100% Blue Agave from Mexico”. This is misrepresenting the drink, and one Rebecca Read is threatening a class action lawsuit.
Hip hop artists promoting alcoholic drinks is nothing new. They have been doing so since 1988. This also isn’t Scott’s first advertising rodeo. He has successfully promoted many things in the past, from a McDonald’s meal to Nike sneakers.
Scott announced Cacti to much fanfare in December of last year and it was released in March of this year. Scott said in a press release “CACTI is something I’m really proud of and have put a ton of work into”.
He collaborated with Anheuser-Busch brewery in making the drink. The company has made beers for over 165 years. On the company’s own website, it advertises “CACTI™ is made with water, cold fermented cane sugar, agave syrup, and a hint of lime juice. It does not contain tequila.” They imply that the beverage contains alcohol by later clarifying that it is for all 21 and older to enjoy. Anheuser-Busch does not say there’s no agave in the drink, just no tequila.
Travis Scott’s case origins
Plaintiff Rebecca Read picked up a case of Cacti this summer. She expected the drink to contain agave spirits due to it being labeled “Agave Spiked Seltzer”. Blue agave spirits are the base of tequila. Instead, what she found in the ingredients was agave syrup, a non alcoholic sweetener. Cacti isn’t using the real-deal, blue agave, and Read felt misled and disappointed. Read claims that if she knew this fact before hand, she would not have purchased the drinks for the price she did. She is currently threatening a lawsuit, arguing state and federal regulations require Cacti to change its labeling. Read and her representative, Spencer Sheehan, hope to make the suit class-action, as Cacti has been sold to many consumers.
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Written by Justin Acosta