Diageo Tequila Lawsuit Dismissed, Judge Rejects 100% Agave Labeling Claims Against Don Julio and Casamigos

A federal judge has dismissed a proposed class action accusing Diageo North America of falsely labeling its Don Julio and Casamigos tequila products as “100% agave.” The ruling is a major development in litigation that alleged consumers paid premium prices for tequila that plaintiffs claimed contained significant amounts of non-agave alcohol.

U.S. District Judge LaShann DeArcy Hall dismissed the New York case on Sept. 30, 2026, finding that the evidence presented by the plaintiffs did not sufficiently support an inference that Diageo was engaged in widespread, systemic mislabeling. Reuters reported that the judge specifically questioned how testing involving only five samples could establish a company-wide labeling practice. 

The decision does not mean a court found that every allegation about tequila testing was false. It means the plaintiffs’ claims in this particular case did not have sufficient evidentiary support to proceed in the manner alleged.

The ruling also matters beyond the New York lawsuit because several related lawsuits against Diageo had been paused while the court considered the first-filed case. 

Quick Facts

Detail	Information
Company	Diageo North America, Inc.
Brands involved	Don Julio and Casamigos
Main allegation	False “100% agave” labeling
Case	Pusateri et al. v. Diageo North America, Inc.
Case number	No. 1:25-cv-02482-LDH-CHK
Court	U.S. District Court for the Eastern District of New York
Judge	LaShann DeArcy Hall
Filed	May 5, 2025
Status	Proposed class action dismissed
Settlement	None
Consumer claim form	None
Consumer payment deadline	None
Diageo’s position	The company denies the allegations and maintains its labeled 100% agave tequilas are made from Blue Weber agave

What Was the Diageo Tequila Lawsuit About?

The lawsuit centered on the way Diageo marketed its Don Julio and Casamigos tequila products.

Plaintiffs alleged that bottles marketed as “100% agave” were not actually made entirely from agave-derived alcohol. They claimed laboratory testing indicated the presence of substantial amounts of alcohol from non-agave sources.

The allegations were particularly significant because “100% agave” is a premium product designation. According to the plaintiffs, consumers paid more because they believed they were purchasing tequila made entirely from Blue Weber agave.

The lawsuit claimed that some consumers would have either purchased another brand or paid less for Diageo’s products had they known about the alleged composition of the tequila. 

Diageo strongly disputed those allegations.

The company maintained that Casamigos and Don Julio products labeled “100% agave” are made from 100% Blue Weber agave and that the products comply with applicable regulatory requirements. 

What Did Judge LaShann DeArcy Hall Decide?

Judge LaShann DeArcy Hall dismissed the proposed class action after finding that the plaintiffs had not provided enough evidence to establish the alleged widespread labeling practice.

One of the central problems identified by the court was the limited number of samples underlying the plaintiffs’ evidence.

Reuters reported that Judge Hall questioned how testing involving only five samples could allow the court to reasonably infer that Diageo was engaging in “ubiquitous, systemic mislabeling.” 

That distinction is important.

The court was not deciding that every bottle of Don Julio or Casamigos had been scientifically tested and found compliant. Instead, the court concluded that the evidence presented in the lawsuit was insufficient to establish the broad allegations necessary for the plaintiffs’ case.

What Evidence Did the Plaintiffs Present?

The litigation relied heavily on laboratory testing that plaintiffs said indicated that certain tequila samples contained alcohol that was not derived entirely from agave.

Earlier filings described testing that plaintiffs said showed significantly lower percentages of agave-derived ethanol in certain Casamigos and Don Julio samples.

The New York lawsuit originally alleged that testing showed approximately 33% agave-derived ethanol in Casamigos Blanco and approximately 42% in Casamigos Reposado. Those figures were allegations presented by the plaintiffs, not judicial findings that all products sold by Diageo contained those percentages.

That distinction became particularly important as the case progressed.

Diageo challenged the reliability and scope of the testing, arguing that the plaintiffs could not use a small number of samples to establish that millions of bottles sold to consumers had been systematically mislabeled.

Why Did the Number of Samples Matter?

A central issue was the difference between proving something about individual bottles and proving a company-wide labeling practice.

If a laboratory test identifies an issue with one particular bottle, that does not automatically establish that every bottle of the same product has the same composition.

The plaintiffs were attempting to use testing evidence to support much broader allegations concerning Diageo’s products and labeling practices.

Judge Hall’s ruling, as reported by Reuters, focused on this evidentiary gap. The court questioned whether testing five samples could reasonably establish the existence of widespread, systemic mislabeling. 

That issue was especially important because the lawsuit was brought as a proposed class action.

A class action can potentially affect a large group of consumers, so plaintiffs generally must establish a sufficient factual and legal basis for claims concerning the broader proposed class.

Was the Diageo Class Action Certified?

No.

The lawsuit was a proposed class action, meaning the court had not certified a class of consumers who would automatically receive compensation or participate in a settlement.

The case was dismissed before consumers obtained a court-approved compensation program.

There is therefore no Diageo tequila settlement claim process, settlement administrator, claim form or consumer payment deadline resulting from this case.

What Did Diageo Say About the Dismissal?

Diageo welcomed the ruling.

A company spokesperson said Diageo was pleased that the court rejected the plaintiffs’ adulteration allegations and stated that the company continues to stand behind the quality and integrity of its tequila products.

Diageo had consistently denied the allegations during the litigation.

Before the dismissal, the company argued that Casamigos and Don Julio tequilas carrying the “100% agave” designation were produced from Blue Weber agave and were subject to regulatory and certification requirements.

What Did the Plaintiffs Say After the Dismissal?

The plaintiffs’ attorney, Steve Berman, disputed the court’s conclusion.

Berman said the ruling “gets the record wrong” and indicated that the plaintiffs may ask the court to reconsider the decision. 

The plaintiffs continued to maintain that consumers who purchase tequila labeled “100% agave” are entitled to receive what that labeling represents.

The plaintiffs also pointed to their independent laboratory testing as support for their allegations.

Those statements represent the plaintiffs’ position and are not findings by the court.

Are There Other Diageo Tequila Lawsuits?

Yes.

The Pusateri case was one of several lawsuits filed against Diageo involving allegations concerning the “100% agave” marketing of Don Julio and Casamigos.

The first lawsuit was filed in the Eastern District of New York in May 2025. Additional litigation followed in Florida and California.

The related cases raised similar allegations involving the composition and marketing of Diageo’s tequila products.

The New York case became particularly important because it was the first-filed federal action and other related litigation was paused while Judge Hall considered the dismissal issues. Reuters reported that the judge had paused several related lawsuits while awaiting the decision. 

The dismissal therefore does not automatically mean every related lawsuit has already been dismissed.

The procedural status of each separate case must be checked independently.

Can Consumers File a Claim Against Diageo?

No public claim process exists based on this lawsuit.

This case was not a settlement that created a consumer compensation fund.

There is no official claim form, settlement website or deadline for Don Julio or Casamigos purchasers to submit claims under the dismissed Pusateri litigation.

Consumers should therefore be cautious about websites or advertisements claiming that people can currently “file a Don Julio lawsuit claim” or receive an automatic payment from this case.

No such court-approved consumer claims program has been established through the Pusateri lawsuit.

Does the Dismissal Mean Don Julio and Casamigos Were Proven to Be 100% Agave?

Not exactly.

The dismissal should not be described as a judicial certification that every Don Julio or Casamigos bottle is 100% agave.

The court’s decision concerned whether the plaintiffs had presented sufficient evidence to support their legal claims in the case.

At the same time, it would also be inaccurate to say the court found that Diageo’s products contained non-agave alcohol.

Those were allegations made by the plaintiffs and disputed by Diageo.

The safest description is that the court dismissed the proposed class action after finding the plaintiffs’ evidence insufficient to support the alleged widespread mislabeling.

Does the Diageo Ruling Mean the Other Tequila Lawsuits Are Over?

Not automatically.

Several other lawsuits involving similar allegations were filed against tequila producers, including related litigation involving Diageo.

The effect of the Pusateri ruling on those cases depends on the claims, evidence and procedural posture of each individual lawsuit.

The New York decision may nevertheless become important to the parties in the related litigation because it addresses evidence concerning the alleged “100% agave” labeling claims.

Consumers should not assume that a dismissal in one lawsuit automatically resolves every separate tequila case.

What Should Don Julio and Casamigos Buyers Do Now?

For consumers who purchased Don Julio or Casamigos, there is currently no claim that needs to be filed because of the Pusateri dismissal.

There is also no court-approved settlement requiring consumers to submit receipts or purchase records.

If another lawsuit eventually produces a settlement or other consumer compensation program, an official court notice and settlement administrator would normally provide the eligibility requirements and filing deadline.

Until then, consumers should be careful about third-party websites promising guaranteed payouts based on the Diageo tequila litigation.

What Happens Next in the Diageo Tequila Litigation?

The immediate next step could involve further proceedings concerning the dismissal, including a possible request by plaintiffs for reconsideration or another procedural challenge.

The plaintiffs’ attorney has already indicated that the plaintiffs may ask the court to reconsider the ruling. 

The related Diageo tequila cases also need to be monitored separately.

For now, however, the key development is clear: Judge LaShann DeArcy Hall dismissed the lead proposed class action accusing Diageo of falsely labeling Don Julio and Casamigos as 100% agave.

The ruling was based on the sufficiency of the plaintiffs’ evidence, particularly the limited sample testing, rather than a court finding that every allegation about tequila composition was affirmatively disproven.

Frequently Asked Questions About the Diageo Tequila Lawsuit

Was the Diageo tequila lawsuit dismissed?

Yes. Judge LaShann DeArcy Hall dismissed the proposed class action filed against Diageo North America involving allegations that Don Julio and Casamigos were falsely labeled as “100% agave.”

Why was the Diageo tequila lawsuit dismissed?

The judge found that the plaintiffs’ evidence was insufficient to support an inference of widespread, systemic mislabeling. The court questioned whether testing five samples could establish a broader company-wide practice. 

Was the Diageo tequila class action settlement approved?

No. There was no settlement. The case was dismissed.

Can I file a claim for the Diageo tequila lawsuit?

No public claim process exists for the dismissed Pusateri lawsuit. There is no settlement claim form or consumer payment deadline.

Which tequila brands were involved?

The primary products involved were Don Julio and Casamigos, both owned by Diageo.

Did Diageo admit that its tequila was mislabeled?

No. Diageo denied the allegations and maintained that its “100% agave” labeled products are made from Blue Weber agave. 

Did the judge prove that Don Julio and Casamigos contain 100% agave?

No. The ruling should not be characterized that way. The court dismissed the plaintiffs’ claims because their evidence was insufficient to establish the alleged widespread mislabeling.

Are there other lawsuits involving Diageo tequila?

Yes. Separate lawsuits involving similar allegations were filed in other federal courts. The status of each case must be considered separately. 

Is there a Don Julio or Casamigos refund available?

There is currently no court-approved refund or settlement program arising from the Pusateri case.

Legal Information Disclaimer

This article provides general information about litigation involving Diageo, Don Julio and Casamigos tequila. It is not legal advice and does not establish whether any individual consumer has a legal claim.

Primary case: Pusateri et al. v. Diageo North America, Inc., No. 1:25-cv-02482-LDH-CHK, U.S. District Court for the Eastern District of New York.