Don Julio Lawsuit: The “100% Agave” Case Was Dismissed
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The lawsuit against Don Julio that is in the news is the “100% agave” class action against Diageo, which owns Don Julio and Casamigos. The buyers allege the tequila contained alcohol from sources other than agave. At the turn of September to October 2026 a federal judge in Brooklyn dismissed the lead case. There is no Don Julio settlement, no claim form, no deadline and no payment. The plaintiffs say they may ask for reconsideration or appeal, and related suits in California and Florida remain.
Editorially Reviewed — Content reviewed for accuracy using published legal research, government data, and verified court records. See our methodology
Reviewed by Leonard Goldberg, Editor · Last updated
What the Lawsuits Allege
Diageo labels Casamigos “Tequila 100% Agave Azul” and Don Julio “100% de Agave.” Under tequila rules, “100 percent agave” tequila must be made only from Blue Weber agave.
The lawsuits allege that lab tests showed some bottles contained cane or other non-agave alcohol — which would make the product a cheaper “mixto.” The New York plaintiffs tested five products: Casamigos Blanco, Reposado and Añejo, Don Julio Reposado and Don Julio 1942 Añejo. The California complaint alleges some samples held only about 33% or 42% agave-derived ethanol, below the 51% minimum for any tequila.
The theory of harm is the price: buyers say they paid a premium and would not have bought, or would have paid less, had they known. Diageo denies all of it and says both brands are made from 100% Blue Weber agave.
Case Details
Lead case: Pusateri, et al. v. Diageo North America Inc., No. 1:25-cv-02482, U.S. District Court for the Eastern District of New York, before Judge LaShann DeArcy Hall. Two consumers and the restaurant Sushi Tokyo Inc. filed it on May 5, 2025, under New York and New Jersey consumer law and unjust enrichment, seeking at least $5 million and an injunction.
Florida: a near-identical suit filed by Nabil Haschemie on May 15, 2025 in Miami-Dade County; eight more plaintiffs from eight states joined in August 2025. Diageo moved to dismiss it in the U.S. District Court for the Southern District of Florida on October 28, 2025.
California: a separate class action filed in San Francisco in 2025 as a RICO case, which allows triple damages if proven. Diageo also faces a similar suit in Canada.
Status: Lead Case Dismissed, Related Suits Pending
The ruling was about standing — whether these plaintiffs showed an injury. The court did not decide whether the labels are true. Plaintiffs' counsel says the order did not state whether the dismissal is with or without prejudice and that they may ask for reconsideration or appeal.
As of October 8, 2026, the related San Francisco, Miami-Dade and Canadian suits are still pending; related cases had been paused while the New York court ruled. No court has certified a class in any of them.
Who Would Be in the Proposed Classes
The complaints propose classes of people who bought Casamigos or Don Julio tequila labeled 100% agave. The New York case sought New York and New Jersey buyers; the Florida case added plaintiffs from eight states.
Being in a proposed class means nothing payable today. No class has been certified and the lead case is dismissed. You do not sign up for a class action; if a settlement ever happens, a court-appointed administrator publishes notice and a claim process. Keeping a receipt does no harm, but no settlement we know of would require one today.
Is There Any Money?
How cases like this one end
Our copy of the federal courts’ own case database covers 15,171 other personal property damage casesclosed in U.S. federal district courts between 2015 and 2025, 10.4% of them filed as class actions:
- 33.2% ended in a settlement recorded by the court. Another 19.2% were dismissed voluntarily, which often follows a private settlement — so the real settlement share sits between 33.2% and 52.3%.
- 5.9% were decided on a motion before any trial.
- 1 in 90 reached a trial (1.1%), after a median of 27.4 months.
- Median time from filing to the end of the case: 8.5 months.
- Only 236 of them (1.6%) record a money award at all; the median of those is $496,000.
These are base rates for this type of case (federal other personal property damage cases) — not a prediction about this lawsuit, and not legal advice. Source: Federal Judicial Center, Integrated Database (civil), analysed by Settlement Insight. Cases heard in state courts are not included.
Don Julio Lawsuit Timeline
- 1
May 5, 2025 — New York Class Action Filed
Two consumers and a kosher sushi restaurant sue Diageo North America in the Eastern District of New York (No. 1:25-cv-02482).
- 2
May 15, 2025 — Florida Copycat Suit
A near-identical suit is filed in Miami-Dade County. A RICO suit in San Francisco follows; both are reported in July 2025.
- 3
August 2025 — Florida Case Grows
Eight more plaintiffs from eight states join the Florida case.
- 4
October 28, 2025 — Diageo Moves to Dismiss
Diageo files to dismiss the Florida case, and several days later the New York case, calling the testing unvalidated.
- 5
September 30 / October 1, 2026 — Lead Case Dismissed
Judge LaShann DeArcy Hall grants Diageo's motion, finding five tested samples do not show the plaintiffs were harmed.
- 6
October 2026 — No Settlement, Possible Appeal
Plaintiffs say they may seek reconsideration or appeal. California, Florida and Canadian suits remain; no payout exists.
Three Things to Watch For
A famous brand plus a headline about a lawsuit is all a scammer needs:
“Claim your Don Julio refund” sites
Sites may promise Don Julio “payouts” and “filing” steps. There is nothing to file. A page asking for your card, bank or Social Security number for a tequila refund is collecting data.
“Upload your receipt to join”
No administrator exists for this case, so nobody is officially collecting proof of purchase. Real claim forms appear only after a court approves a settlement, on a site named in the court's notice.
Fees to “keep your claim alive” after the dismissal
The dismissal makes a convenient pitch: pay now before the appeal. You never pay to be in a class action, and there is no individual claim to preserve.
Don Julio Lawsuit — Questions People Actually Ask
What is the lawsuit against Don Julio about?
The lawsuits allege that Diageo sold Don Julio and Casamigos as 100% agave tequila while the liquid contained alcohol from other sources, so buyers overpaid. Diageo denies this and says both brands are made from 100% Blue Weber agave.
Was the class action lawsuit Don Julio and Casamigos buyers filed dismissed?
The lead New York case, Pusateri v. Diageo North America (No. 1:25-cv-02482), was dismissed by Judge LaShann DeArcy Hall; trade press reports the date as September 30 or October 1, 2026. The court ruled the plaintiffs had not shown their own bottles were affected. It did not rule on whether the labels are accurate.
Is there a Don Julio settlement?
No. As of October 8, 2026 there is no settlement, no fund, no claim form and no deadline in any Don Julio class action.
Are other Don Julio class action cases still going?
Yes. Per Diageo's own October 2026 statement as reported by The Spirits Business, similar suits remain in San Francisco, Miami-Dade County, Florida, and Canada. Diageo moved to dismiss the Florida case in October 2025; we could not confirm a ruling as of October 8, 2026.
Can the plaintiffs bring the New York case back?
Possibly. Their lawyer said the plaintiffs may ask the court to reconsider and are prepared to go to the Court of Appeals. Per their lawyer, the order did not say whether the dismissal is with or without prejudice.
Which bottles were tested?
In New York: Casamigos Blanco, Reposado and Añejo, Don Julio Reposado and Don Julio 1942 Añejo. The California complaint also cites Don Julio 1942 Blanco. These are the plaintiffs' test results, which Diageo disputes.
Do I need to do anything if I bought Don Julio?
No. There is nothing to sign up for. If a class is ever certified or a settlement reached, notice comes from a court-appointed administrator.
Is this the same as a lawsuit don julio drinkers filed over injuries?
No. These are consumer labeling cases about price and ingredients, not about injuries or health effects. We found no personal-injury class action against Don Julio.
Separate from this case: were you injured in the last 2 years?
Class-action payouts are fixed amounts through an administrator. A personal injury claim is a different case — and often worth far more. Free estimate, no obligation.
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