818 Tequila challenges ‘100% agave’ lawsuit
Kendall Jenner’s 818 Tequila has filed a motion to dismiss a class action lawsuit that alleges the company falsely markets its products as ‘100% agave’, arguing the claims are legally flawed and contradict established regulatory approvals.
Plaintiffs Lauren Negrin and Arturo Vallejo filed a lawsuit in September 2025 against 818’s parent company in the US District Court for the Southern District of Florida. They claim they purchased the Tequila believing it was made exclusively from Blue Weber agave.
The plaintiffs allege that independent laboratory testing showed certain 818 products did not meet that standard, causing consumers to overpay for what they believed was a premium product.
The defendants – Calabasas Beverage Company and K & Soda, which trade as 818 Spirits — strongly dispute the allegations and say the case should be thrown out before it proceeds to discovery.
In a motion to dismiss filed this week, 818 argues that Tequila production and labelling are among the most heavily regulated in the spirits industry.
To be sold as Tequila, products must comply with the Official Mexican Standards (Normas Oficiales Mexicanas, or NOM), overseen by Mexico’s Tequila Regulatory Council (CRT), and must also receive label approval from the US Alcohol and Tobacco Tax and Trade Bureau (TTB).
According to the filing, 818 Tequila is certified under those standards, which allow certain additives (Tequila regulations allow up to 1% of additives to be used without disclosure) and processing methods while still qualifying as ‘100% agave’. The company contends that private lawsuits cannot override regulatory determinations made by Mexican and US authorities.
American model Kendall Jenner is one of many celebrities to have moved into agave spirits, launching 818 Tequila in 2021.
The lawsuit against 818 follows similar action filed against Casamigos owner Diageo, Michael Jordan’s Cincoro Tequila, and retailer Costco.
Last November, Diageo filed a motion to dismiss class action lawsuits in New York and Florida, arguing the allegations against its Don Julio and Casamigos Tequilas are “baseless”.
Lawsuit ‘without merit’
In a statement provided to The Spirits Business, an 818 representative said the lawsuit lacks merit.
“This lawsuit, and similar ones in the industry, are without merit,” the statement said. “818 Tequila is made in Jalisco, Mexico, under the strict oversight of the Tequila Regulatory Council and is certified 100% agave azul. Our labelling meets every standard set by both US and Mexican regulators. While we don’t comment on ongoing litigation, we remain confident in our product and our process.”
Beyond regulatory compliance, 818 also argues that the plaintiffs lack legal standing to sue. The company says the complaint fails to allege that the specific bottles purchased by the plaintiffs were ever tested, relying instead on generalised claims about laboratory results from unidentified bottles bought at unknown locations.
The motion further contends that the plaintiffs do not allege that 818 Tequila is being sold unlawfully or without proper certification, undercutting claims of consumer deception.
Because the lawsuit alleges deception, defendants argue it must meet a heightened pleading standard – something they say the complaint fails to do by omitting key details about the testing, including who conducted it, when it happened, and how the results conflict with governing law.
The Tequila company is also asking the court to strike the proposed class action part of the lawsuit, arguing that individual questions – such as where consumers bought the product, which bottle they purchased, and what information they relied on – make class treatment inappropriate.
In addition, the company also argues that some consumers agreed to resolve disputes through private arbitration rather than in court, a move that could block the lawsuit from proceeding as a class action.
The judge has not yet ruled on the motion to dismiss.
Related news
Tequila and vodka top Virginia spirits sales
