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Why Class Action Lawsuit Against Diageo in the U.S. Should Worry Kenyan Consumers

In a shocking development that has sent ripples through the global spirits industry, Diageo North America is facing a class action lawsuit over allegations of misleading marketing practices and adulteration of its popular tequila brands, including Casamigos and Don Julio.

A U.S. lawsuit accuses Diageo of adulterating its tequila brands like Casamigos and Don Julio, raising urgent questions about the integrity of its operations in Kenya through EABL, where aggressive marketing, regulatory capture, and rising alcohol abuse paint a troubling picture.
A U.S. lawsuit accuses Diageo of adulterating its tequila brands like Casamigos and Don Julio, raising urgent questions about the integrity of its operations in Kenya through EABL, where aggressive marketing, regulatory capture, and rising alcohol abuse paint a troubling picture.

The lawsuit, filed earlier this month, accuses the multinational beverage giant of falsely labelling its tequilas as “100% Agave” while secretly mixing them with other forms of alcohol.

The case came after laboratory testing, with the findings further corroborated by reports from the Consejo Regulador del Tequila (CRT), the regulatory body that oversees tequila production.

The scandal suggests that Diageo was involved in a deliberate misrepresentation of product ingredients, violating both consumer trust and the regulatory standards that protect consumers in markets like the U.S.

Casamigos and Don Julio tequila bottles: Brands at the center of a U.S. class action lawsuit alleging false '100% agave' labeling by Diageo
Casamigos and Don Julio tequila bottles: Brands at the center of a U.S. class action lawsuit alleging false ‘100% agave’ labeling by Diageo

If Diageo is engaging in such practices in North America, one of the most highly regulated and transparent markets in the world, it begs the question: What are we really consuming here in Kenya and East Africa?

The regulatory frameworks in this region are far weaker, leaving room for potential malpractice that goes unnoticed by consumers and largely unchecked by authorities.

The allegations against Diageo are alarming, particularly considering the company’s high-profile presence in Kenya through its subsidiary, East African Breweries Limited (EABL).

While in North America, Diageo faces legal action over misrepresentation of its product content, here in Kenya, the company’s advertising is actively pushing a culture of excessive drinking without any consideration for the wider societal impacts.

In Kenya, EABL under the leadership of Jane Karuku has spent millions to glamorize alcohol consumption and push it as a lifestyle, particularly among the youth, using influencers and alcohol-fuelled concerts, while deliberately neglecting investments in projects that promote health, social responsibility or community development.

EABL CEO Jane Karuku, criticized for prioritizing profits over public health, as the company faces backlash for fueling alcohol abuse and neglecting social responsibility in Kenya.
EABL CEO Jane Karuku, criticized for prioritizing profits over public health, as the company faces backlash for fueling alcohol abuse and neglecting social responsibility in Kenya.

This comes at a time when the company’s global marketing tactics are under severe scrutiny for similar deceptive practices.

The parallels are undeniable.

Right now, 6 out of 10 Kenyans consume alcohol or have been lured into starting with cheap EABL beers like Keg, before graduating to spirits and gins heavily marketed on social media.

The widespread nature of this consumption is no coincidence, it is the direct result of a well-funded campaign to normalize drinking culture, disguised as trendy, youthful entertainment.

This aggressive marketing drive has included targeting minors, with a NACADA survey indicating alarmingly high alcohol consumption among under-18s, despite advertising codes that prohibit such influence.

What is even more concerning is the company’s repeated collaborations with other businesses that promote harmful vices, including gambling.

Rather than partnering with organizations that could foster positive societal change, Diageo continues to align itself with companies driving social issues that have serious health and societal implications.

The consequences are already visible.

According to NACADA, the lifetime alcohol use prevalence in Kenya is at 39%, with a current use rate of 13% among individuals aged 15 to 64.

Behind those numbers are shattered families, vision loss, early deaths, and deepening poverty linked to addiction.

EABL’s dominance is further cemented through regulatory manipulation.

Under Karuku’s leadership, the company has allegedly bullied competitors like Keroche and benefited from connections to powerful families like the Kenyattas, shielding it from scrutiny even as it reportedly evades taxes and flouts advertising regulations.

Alcoholism in Kenya is no longer a fringe issue and affects nearly every family.

Rehabilitation is costly but EABL would rather plant trees for PR than invest in the rehab centers our country desperately needs.

This situation forces us to confront an uncomfortable truth.

Diageo, and similar multinational corporations, have been allowed to operate without the level of transparency and social responsibility that is essential in today’s global market.

It’s time for Kenyans to ask tough questions about the quality of the products flooding our markets, the ethical standards behind their promotion, and the long-term consequences of such business practices on our society.

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