Uncover the Truth: Is Costco's Kirkland Signature Tequila Misleading Consumers?

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(NEXSTAR) – Costco is now facing a lawsuit that alleges the company is selling tequila under its Kirkland Signature brand with misleading labeling and marketing.

Filed in Florida at the end of October, the lawsuit represents plaintiffs from Florida and beyond. It claims that the Kirkland Signature tequilas, advertised as being made with “100%” blue Weber agave, are actually mixed with alcohol sourced from non-agave materials.

The legal complaint goes a step further, suggesting that Costco’s Kirkland tequila might not even qualify as a “mixto” tequila. This term refers to tequila that contains at least 51% agave, with the rest made up of other sugars. If true, it might mean the product doesn’t meet the standards set by Mexico’s tequila regulatory council to be labeled as “tequila.”

“Had the Plaintiff and others in similar situations been aware of the true composition of the Products, they either would not have purchased them or would have paid a lower price,” states part of the lawsuit.

Relatedly, Costco recently had to recall nearly 1 million bottles of wine due to reported injuries, according to the Consumer Product Safety Commission (CPSC).

In the complaint, the plaintiff alleges that she commissioned a lab to test the concentration of agave-derived ethanol in Kirkland Signature tequila. That testing, according to the complaint, turned up an “isotope signature” that suggests a significant amount of the spirit was distilled using sugarcane or corn.

The plaintiff is seeking damages and attorneys’ fees, as well as “any other just and proper relief” under the Florida Deceptive and Unfair Trade Practices Act.

A representative for Costco did not immediately respond to questions concerning the complaint on Monday. The Seattle Times and USA Today, both of which reviewed the complaint last week, were also unable to get a response from Costco on the matter.

In recent years, popular tequila brands other than Kirkland Signature have come under scrutiny for the amount of blue Weber agave used in production, including Casamigos, Don Julio and 818, according to Drinks International and Mezcalistas.

Experts say these accusations have become more common in the tequila industry, as the production of legitimate tequila can be a lengthy process: Only blue agave plants from specific regions in Mexico can be used in the production, and these plants can take up to 10 years or more to fully mature.

Agave farmers have since battled with supply and demand, as well as problems created by larger tequila producers who bought up land and planted large agave crops, hoping to help ease pricing but upsetting the delicate balance that smaller suppliers have worked under for decades. Some producers, too, had taken to adulterating their product with sugars derived from non-agave sources, Remberto Galván Cabrera, the spokesperson for the Mexican Agave Council, told Mezcalistas earlier this year.

“The truth is complicated, and it’s sad for us,” Cabrera said.