FORT MYERS – A Florida federal court has decided that a class action suit claiming the maker of Fireball cinnamon whiskey and cinnamon malt beverage deceived consumers by marketing the malt beverage liquid in miniature bottles resembling whiskey shot bottles may proceed, after it is once again amended.

U.S. District Court for the Middle District of Florida Judge John E. Steele issued that ruling on June 18, in litigation brought by Victor Puig (individually and on behalf of all others similarly-situated) versus Sazerac Company, Inc.

The case began when Puig took note of the similar style of bottles in which the defendant sells its Fireball-brand cinnamon whiskey and cinnamon malt beverages. Though packaged in similar-looking containers, the cinnamon whiskey has an alcohol-by-volume of 33%, whereas the cinnamon malt beverage measures at half of that amount, or 16.5%.