According to the lawsuit, McIlhenny claims that Stoli and McIlhenny were discussing a collaboration on a spicy vodka in late 2024, but Tabasco ultimately decided to pursue a different direction and ended the discussions. Stoli went ahead and launched their own spicy vodka, Halapeño Pepper Vodka, this year.
McIlhenny alleges that Stoli’s new product infringes on Tabasco’s trade dress rights by using the red and green colors associated with the hot sauce brand. The lawsuit argues that Stoli’s spicy vodka adopts the design that was proposed to McIlhenny for their joint product, minus the Tabasco name.
The lawsuit claims that this similarity could lead to consumer confusion. McIlhenny recently announced a collaboration between Tabasco and Absolut on a spicy vodka that also incorporates the hot sauce brand’s signature color scheme.
With the announcement of Tabasco’s spicy vodka collaboration, McIlhenny is seeking a Texas judge to halt Stoli from using the disputed bottle design until the lawsuit goes to trial, as per a request for a preliminary injunction filed on Thursday.
A representative from Stoli has not yet responded to Food Dive’s request for comment.
Both Stoli and Absolut, owned by Ricard Pernod, have seen a decline in alcohol consumption, but both are looking to capitalize on the growing consumer interest in spicy flavors, especially in alcoholic beverages. Datassentials data cited by Absolut forecasts a 27% increase in sales of spicy vodka by 2029.