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Diageo Moves To Dismiss NY Agave Class Action

November 3, 2025

Similar to last week’s move in Florida, Diageo has filed a motion to dismiss the New York agave class action related to Don Julio and Casamigos Tequilas, which alleged the Tequilas are not 100% agave as advertised. Diageo asserts that the complaint rests on “insufficiently pled ‘testing’ allegations—five partial, unvalidated results from unknown samples, by someone they fail to identify, performed somewhere undisclosed at some indeterminate time.”

“We have moved to dismiss this complaint as the allegations are implausible, lacking legal and logical merit,” said a Diageo spokesperson. “We are confident in our defense as all bottled Casamigos and Don Julio Tequilas labeled as ‘100% agave’ are just that.”—Daniel Marsteller

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