Clearwater, FL — Consumers Warned After Vodka Sold as Energy Drink

Clearwater, FL (July 31st, 2025) – High Noon is recalling select 12-packs of its Beach Variety vodka seltzer after a serious labeling error resulted in some cans being mislabeled as Celsius Astro Vibe Sparkling Blue Razz energy drinks. The mislabeled alcoholic beverages were shipped to several states, including Florida. The mix-up could lead to accidental alcohol consumption by unsuspecting consumers, raising product liability concerns under Florida law.

If you believe you were affected by this recall, the Clearwater product liability attorneys at Light & Wyatt Law Group can help you understand whether you have a claim. Call 727-499-9900 to discuss your options.

What Caused the High Noon Vodka Seltzer Recall?

According to the recall notice, the issue began when a shared packaging supplier mistakenly sent empty Celsius-branded cans to High Noon. These cans were then filled with High Noon vodka seltzer, a product that contains alcohol. Consumers may believe they are drinking a non-alcoholic energy drink when they are actually consuming alcohol.

The affected products were distributed to Florida and several other states between July 21 and July 23, 2025. High Noon has urged consumers to check their packages for the following lot codes: L CCC 17JL25 and L CCC 18JL25. The cans can be further identified by their silver tops, which differ from the usual black lids used by Celsius.

How Florida Consumers Could Be Harmed

The mislabeled cans pose a serious safety risk. Someone who is avoiding alcohol for health, religious, or personal reasons could unknowingly consume it. Minors, pregnant individuals, or drivers could be particularly affected. Although no injuries have been reported so far, the potential consequences of unintentional alcohol ingestion are significant.

Florida’s population includes many vulnerable groups, including older adults, who may be more sensitive to alcohol. If a Florida resident unknowingly consumes alcohol from one of these mislabeled cans and suffers harm, they may have grounds for a legal claim under Florida’s product liability laws.

Product Liability Laws in Florida

Under Florida law, product liability refers to the legal responsibility of a manufacturer, distributor, or seller for placing a defective or dangerous product into the hands of a consumer. The law allows injured parties to pursue compensation when a product’s design, manufacturing process, or labeling causes harm.

In the case of the High Noon recall, the issue centers on labeling, a type of marketing defect. Florida courts recognize marketing defects when a product lacks proper warnings or instructions, or is misleading in a way that makes it unsafe for ordinary use. Selling an alcoholic beverage in packaging that closely resembles a non-alcoholic energy drink could fall squarely within that category.

Strict Liability for Defective Products

Florida recognizes strict liability in product defect cases. As such, an injured person doesn’t have to prove the company was negligent—only that:

• The product was defective or dangerous
• The defect existed when the product left the manufacturer’s control
• The defect caused the consumer’s injury

This doctrine could apply to anyone in Florida who suffered adverse effects after unknowingly drinking alcohol from a mislabeled can.

Negligence and Failure to Warn

In addition to strict liability, injured parties in Florida may bring negligence claims. Negligence in this context involves a failure to use reasonable care in the labeling, packaging, or distribution process. If the supplier or High Noon failed to verify the cans before distribution, they may be liable for foreseeable harm.

A key aspect of Florida product liability law is the duty to warn. Companies must adequately warn consumers about known or foreseeable risks. Mislabeled alcoholic drinks clearly pose a risk, especially when they can be easily mistaken for a popular energy drink brand.

Regulatory Violations May Strengthen Legal Claims

This recall also raises questions about regulatory compliance. Alcoholic beverages are subject to labeling rules set by both the Food and Drug Administration (FDA) and the Alcohol and Tobacco Tax and Trade Bureau (TTB). Mislabeling a vodka seltzer as a non-alcoholic drink may violate federal labeling laws, and Florida’s own Deceptive and Unfair Trade Practices Act (FDUTPA) may also apply.

A violation of these regulations can serve as evidence of negligence or unlawful conduct in a civil case. If Florida regulators or federal agencies determine that High Noon or its supplier violated safety standards, affected consumers may use those findings to support their claims.

Legal Options for Florida Consumers Affected by the Recall

Anyone in Florida who purchased or consumed a mislabeled can may have legal options, particularly if they experienced physical symptoms, emotional distress, or financial loss. Even if no injury occurred, some consumers may be eligible for refunds or other compensation based on deceptive labeling or unfair trade practices.

Florida residents should consider taking the following steps:

• Preserve the mislabeled can or packaging if possible
• Take photographs of the can and packaging
• Record the time and place of purchase
• Seek medical attention if symptoms occur after consumption
• Contact a Florida product liability attorney to review potential claims

High Noon’s Response to the Recall

High Noon has issued a public recall and notified distributors, retailers, and consumers. The company states that only two lot codes are affected and that no injuries have been reported. Consumers are being advised to email High Noon for a refund or with questions.

The company’s quick response may help mitigate future harm. However, it does not eliminate potential legal liability. Florida courts may still hold companies accountable if consumers suffer harm due to mislabeling, even when a recall is voluntary.

Could This Lead to a Class Action Lawsuit in Florida?

Mislabeled product recalls like this one often lead to class action lawsuits, especially when the product is widely distributed across multiple states. If enough Florida consumers are affected, and if they share common legal claims, such as emotional distress, unwanted alcohol consumption, or exposure to health risks, a class action may be appropriate.

Class actions can streamline the litigation process and allow individuals with smaller claims to recover compensation without filing separate lawsuits. An experienced Florida product liability lawyer can determine whether joining or initiating a class action is a viable path.

Preventing Future Labeling Errors

This incident underscores the importance of strict quality control and supplier oversight in the manufacturing and packaging of consumer products. Alcoholic beverages must be clearly labeled and distinguishable from non-alcoholic products. Companies working with third-party suppliers need systems in place to detect and correct errors before products reach store shelves.

High Noon’s packaging error may serve as a warning for other manufacturers in Florida and across the country. Failure to prevent this kind of mistake could result in more recalls, lawsuits, and damage to brand reputation.

Florida Legal Support for Product Mislabeling Injuries

Florida residents who were affected by the High Noon mislabeled vodka seltzer recall may be entitled to compensation under state product liability law. Selling an alcoholic beverage in packaging resembling an energy drink can lead to accidental ingestion and serious health or legal consequences. Florida law protects consumers from these types of hazards.

If you’re unsure what to do next, the attorneys at Light & Wyatt Law Group in Clearwater can help. Call 727-499-9900 to learn how we may be able to assist you.

If you or a loved one in Florida experienced harm after drinking from a mislabeled can, contact Light & Wyatt Law Group in Clearwater to discuss your legal rights and potential next steps. You may not be alone, and legal remedies may be available.

Jim Magazine

James (Jim) Magazine is a Florida Board Certified Civil Trial lawyer who has spent his career helping injured victims. Jim is licensed to practice law in the State of Florida since 1990 and is also admitted to practice at the Appellate level and admitted to the United States Supreme Court.

Years of Experience: More than 30 years
Florida Registration Status: Active
Bar Admissions:
Clearwater Bar Association
West Pasco Bar Association