Shopper holding a Bottle of Bombay Sapphire dry gin in a supermarket. Photo: calimedia/Shutterstock.com

A class action lawsuit has accused Bombay Sapphire of using prohibited ingredients in violation of Florida law.

The complaint, filed in Miami-Dade Circuit Court, names Bombay Sapphire Company U.S.A., its parent corporation, Bacardi U.S.A. Inc., and Winn-Dixie Supermarkets Inc. as defendants in a suit alleging the parties infringed on Florida’s Deceptive and Unfair Trade Practices Act and were unjustly enriched through the sale of the popular gin in Florida.

The lawsuit lists Miami-Dade County resident Uri Marrache as the plaintiff and contends under the Florida Statutes, Bombay Sapphire has qualified as an adulterated liquor due to the use of grains of paradise in its production. According to the complaint, grains of paradise is one of the 10 hand-selected botanicals advertised through the gin’s marketing and packaging. The material, which hails from the West African Coast, is said in the suit to be known for its “warming and digestive properties” among consumers.

“Grains of Paradise has been used in other parts of the world for medical purposes including, without limitation, to treat impotence and to stimulate miscarriages when a pregnancy was unwanted,” the suit said.

The standards for adulterated liquor, that is, otherwise legal alcoholic beverages that have been illegally altered, vary from state to state. In Florida, grains of paradise is listed alongside copperas, cochineal and other materials as a “substance which is poisonous or injurious to health.”

Read the class action complaint:

The Florida law cited by the complaint categorizes the sale of liquor containing grains of paradise as a third-degree felony. The lawsuit purports Bacardi and vendors, such as Winn-Dixie who carry Bombay Sapphire, could be sued for damages by any Florida resident who has purchased the gin within the last four years.

Miami-based solo practitioner Roniel Rodriguez and Beighley, Myrick, Udell & Lynne partner Maury Udell are representing Marrache in the case. Rodriguez told the Daily Business Review the case stems from a meeting the attorney had with the plaintiff on a separate matter.

“I asked him why he chose one type of gin over the other, and in discussing it he said it had a calming effect,” Rodriguez said. “I started investigating … and lo and behold … I found that grains of paradise is one of those ingredients you’re not allowed to adulterate with a spirit.”

Subsequent conversations between Rodriguez and Marrache led them to pursue a lawsuit as a class action. The lawyer said the Florida public “don’t really know the effects” the drink can have.

“It’s not just filing a lawsuit and stopping it, it’s correcting it before it gets worse,” Rodriguez said of the sale of Bombay Sapphire. “If this is correct from my research, [grains of paradise] could cause miscarriage … and have some harmful effects to the consuming public. That’s something that needs to be addressed and remedied.”

Rodriguez said Winn-Dixie was named as a defendant due to its status as one of the largest sellers of the alcoholic beverage in the state of Florida. He also noted he’s not aware of any other states that prohibit grains of paradise from being used in liquor products.

The attorney also noted Samuel Adams’ summer ale uses grains of paradise, but because it’s a beer and not a liquor, it does not land outside the parameters of Florida law.

“I’ve seen other [alcohols] adulterated by other products prohibited by Florida law and they’ve found substitutes,” Rodriguez said. The attorney added he’s hopeful that Bacardi can find another ingredient with the “same taste without any of the potential health consequences.”

Rodriguez added the defendants “have been served, but they have not filed an appearance in the case or signaled a desire to sit down and work out some way of resolving this situation.”

Winn-Dixie’s corporate communications department did not return requests for comment by press time. Neither Bombay Sapphire nor Bacardi’s media contacts — Andrew Carney, KC Kavanagh, and Jessica Merz — replied to the Daily Business Review’s inquiries by deadline.

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