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A free scan shows the junk files, broken settings and background clutter dragging Windows down - then fixes them in one click.Free scan · Windows 10 & 11A proposed federal class action filed in New York alleges that Diageo sold Don Julio and Casamigos as “100% agave” even though plaintiffs say laboratory testing detected non-agave sugars or alcohol. That is an allegation in a complaint, not a court finding. No final ruling, settlement, class certification, or damages award has been reported in the case materials available for this article.
The case names specific Casamigos and Don Julio expressions and raises RICO and consumer-protection claims. Diageo has moved to dismiss, citing Mexican compliance certificates and U.S. label-approval documents among its exhibits. The motions remained unresolved in the latest update described below.
What the lawsuit alleges
Pusateri et al. v. Diageo North America, Inc., Case 1:2025cv02482, was filed in the U.S. District Court for the Eastern District of New York on May 5, 2025. The proposed class action says Diageo’s labels— including “Tequila 100% Agave Azul,” “100% de Agave” and “100% Blue Weber Agave”—tell consumers that the products are made solely from Blue Weber agave.
According to the complaint, plaintiffs commissioned nuclear magnetic resonance (NMR) and isotope testing and say it found significant non-agave sugars or alcohol. The complaint characterizes that alleged composition as adulteration and claims consumers paid a premium for products they would not have purchased, or would have paid less for, had they known the alleged ingredients.
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- Liquor Type: Tequila
“But recent scientific testing, including nuclear magnetic resonance (NMR) and isotope testing, reveals the significant presence of non-agave sugars in Diageo Premium Tequila Products.”
— Pusateri et al. v. Diageo North America, Inc., federal complaint filed May 5, 2025
The pleading invokes federal-question jurisdiction and asserts RICO and consumer-protection violations. The court has not yet determined that the testing was valid, that the products were adulterated, or that consumers were misled.
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Which bottles are named?
The complaint identifies the following products. Naming a bottle in the complaint does not establish that every bottle in that line, or every production batch, contained a non-agave ingredient.
| Brand | Expressions named in the complaint |
|---|---|
| Casamigos | Blanco; Jalapeño; Reposado; Cristalino; Añejo |
| Don Julio | Blanco; Reposado; Añejo; 70 Cristalino; Alma Miel; Rosado; 1942; Ultima Reserva; Primavera |
Does this prove the tequila contains cane alcohol?
No. The complaint alleges non-agave sugars or alcohol, but the materials describing the case do not establish that the alleged substance was cane alcohol specifically. They also do not establish that any named product was adulterated. “100% agave” is the label representation at issue; the lawsuit’s testing theory and the identity of any non-agave material still have to be tested through litigation.
What testing and labeling issues are in dispute?
The plaintiffs’ theory
Plaintiffs treat the 100% agave wording as a promise about composition, not merely a description of the spirit’s flavor or production style. Their complaint says NMR and isotope analysis detected a significant non-agave signal and argues that consumers paid more because of the representation.
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What the complaint does not establish
- It is not an independent court-ordered test or a judicial finding.
- The public case update does not establish the laboratories’ full methods, samples, chain of custody, statistical treatment, or whether results apply to every bottle or batch.
- There is no reported merits ruling deciding whether the labels violated federal or state law.
How the two lawsuits relate
A related California action, Jackson v. Diageo North America, Inc., was filed on July 4, 2025. A federal order treated the New York action as first-filed because the cases substantially overlap: both concern the same 100% agave representations and alleged non-agave sugars. The first-filed determination addresses case management; it is not a decision on whether the allegations are true.
Case timeline and current procedural posture
| Date | Event | What it means |
|---|---|---|
| May 5, 2025 | New York complaint filed as Pusateri et al. v. Diageo North America, Inc. | Starts the proposed federal class action and states the testing and labeling allegations. |
| July 4, 2025 | California action filed as Jackson v. Diageo North America, Inc. | Creates a related case involving substantially overlapping allegations. |
| October 31, 2025 | Diageo’s motion to dismiss docketed in New York | Diageo asks the court to dismiss claims before discovery or a trial; exhibits include Mexican compliance certificates and U.S. label-approval documents. |
| May 6, 2026 | Diageo requests a stay | Diageo seeks to pause proceedings while the court considers the pending motions. |
| May 8, 2026 | Plaintiffs oppose the requested stay | The parties disagree about whether the case should be paused. |
| May 11, 2026 | Hagens Berman reports multiple cases pending before Judge LaShann DeArcy Hall | The update says motions to dismiss remain unresolved. |
The latest described update therefore leaves the litigation at the motion-to-dismiss stage. The court has not reported a final merits ruling, class certification, settlement amount, or damages award in the materials summarized here.
What Diageo’s filings are meant to show
The October 31, 2025 motion to dismiss includes Mexican compliance certificates and U.S. label-approval documents. Those records are part of Diageo’s defense and may bear on regulatory compliance and the adequacy of the labels, but their inclusion in a filing does not by itself resolve the plaintiffs’ analytical allegations or the consumer claims.
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How to interpret the dispute when buying tequila
| Question | What is currently established | What remains disputed |
|---|---|---|
| What does the label say? | The named products use 100% agave representations identified in the complaint. | Whether those representations were false or misleading under applicable law. |
| What is in the bottle? | Plaintiffs allege NMR and isotope testing detected non-agave sugars or alcohol. | The test results, scope, methods, and legal significance. |
| Was a rule violated? | The complaint pleads RICO and consumer-protection theories. | Whether any statute was violated and whether the claims survive dismissal. |
| Can consumers recover money? | Plaintiffs seek recovery for people who say they paid for a premium 100% agave product. | Class certification, liability, proof of reliance, and damages. |
Consumers should not treat the filing as a recall notice or as proof that every bottle is adulterated. It is reasonable to keep receipts and product details if you bought a named expression and want to follow the case, but any recovery would depend on future court orders or a settlement notice.
Independent reader supportYour contribution helps us test, update, and keep practical guides available for everyone.What happens next
If the motions to dismiss are granted
Some or all claims could end without discovery or a trial, subject to any amended pleading or appeal the court permits.
If the motions are denied in whole or in part
The surviving claims could proceed into discovery, where the parties may challenge the testing, obtain production and quality records, and examine the labeling and regulatory documents.
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If the parties settle
A settlement would require court procedures for notice and approval in a proposed class action. The available case update does not report a settlement or a settlement amount.
Bottom line
The Diageo tequila litigation is a pending allegation about 100% agave labeling and purported non-agave test results—not a final determination that Don Julio or Casamigos contains cane alcohol or that the products were adulterated. The New York case, related California action, unresolved motions to dismiss, and absence of a reported judgment or settlement mean the legal and financial outcome remains open.
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