Tequila Additives and the “100% Agave” Scandal (2026)
Tequila Additives and the “100% Agave” Scandal
By Vim, Editor of 12×75. Last reviewed: July 2026. This piece reports allegations that are contested and unproven in court. Where a brand has responded, its denial is included.
Here is a phrase that is supposed to mean something and increasingly does not: 100% agave. I have spent weeks reading lawsuits, lab methods and regulatory filings to work out what is actually going on with tequila additives, and the short version is that the label on your bottle is no longer the last word. Some of what follows is a legal loophole hiding in plain sight. Some of it is the most serious fraud allegation the category has ever faced. Almost every article you will read smashes the two together into one panic. The whole point of this one is to pull them apart, show you the evidence on each, and tell you what you can actually do about it. If you just want to know which bottles to trust, my guide to the best tequila to buy right now does the shopping for you. Otherwise, stay with me.
- “100% agave” does not mean additive-free. Regulations let a bottle carry that label while containing up to 1% of undisclosed additives.
- That 1% is legal. The lawsuits are about something else. Several class actions allege certain brands go far beyond additives and cut the spirit with cane alcohol. The brands deny it.
- Casamigos, Don Julio, 818, Cincoro and Costco’s Kirkland Signature have all been named in suits. Nothing is proven. Diageo and others call the claims false and are fighting them.
- Science can actually test a spirit’s sugar source using carbon isotopes. It is powerful, expensive, and its courtroom application is being contested.
- You can protect yourself without a lab: buy 100% agave, check the NOM, use the independent additive-free lists, and learn the cake-batter tell.
First, untangle the two scandals
Nearly every panic headline you have seen mashes two completely separate issues into one. Keep them apart and the whole story snaps into focus.
Brands are allowed to add small, undisclosed amounts of sweeteners, coloring and oak flavor and still print “100% agave.” This is legal, widespread, and the reason “100% agave” and “additive-free” are not the same thing. It is a transparency problem, not a crime.
Separate lawsuits allege certain brands go much further and cut the spirit with cheap cane alcohol, in some cases dropping below even the agave level a basic mixto requires. If proven, that is not a loophole, it is fraud. The brands deny it, and nothing has been decided in court.
Hold that split in your head. The rest of this piece walks through both, the evidence on each, and how the regulator sits awkwardly in the middle of them.
What “100% agave” actually means
Start with the rule most people think they understand. To be sold as tequila at all, a spirit has to be made from blue Weber agave grown in one of five Mexican states, and certified by the Consejo Regulador del Tequila, or CRT. If a bottle says only “tequila,” it is a mixto: up to 49% of its fermentable sugars can come from cane or corn. If it says 100% agave, all of its sugars must come from agave. So far, so reassuring.
Here is the part the marketing never mentions. Under the CRT standard known as NOM-006, a 100% agave tequila can still legally contain up to 1% of four additives, together nicknamed abocantes, with no disclosure on the label. As Tasting Table lays out, those four are glycerin, caramel color, oak extract and jarabe, or simple syrup. One percent sounds trivial until you learn what a fraction of it can do.
The number that reframes everything: Tequila Matchmaker’s Scarlet Sanschagrin has pointed out that some sweeteners used are thousands of times sweeter than sugar, so a microscopic dose reshapes the whole spirit. Most brands sit far below the 1% ceiling, often around 0.02%, and it still changes what you taste. The limit is not the point. The secrecy is.
So “100% agave” is an honest statement about the source of the sugar and tells you nothing about whether the finished spirit has been sweetened, colored or flavored after the fact. That is the legal loophole. It is why a bottle of Fortaleza and a bottle of a big celebrity brand can both wear “100% agave” and taste like they came from different planets. If you want the bottles that skip the shortcuts entirely, I round them up in the tequila buyer’s guide.
The four additives, and what they secretly do
Additives are not automatically evil, and I want to be fair about that before I list them. Distillers have long used tiny corrections to keep a product consistent from batch to batch. The problem is when they are used to fake quality and hide shortcuts, and when nobody has to tell you. Here is what each one does.
Put those together and you can see the trick. Caramel color plus oak extract can make a barely rested spirit look and smell like it spent a year in oak. Syrup and glycerin can turn a thin, hot distillate into something that drinks smooth and sweet. According to figures cited by transparency advocates, a striking share of all tequila, some estimates put it near 70%, carries undisclosed additives of some kind. That is scandal one: legal, quiet, and everywhere.
Scandal two: the adulteration lawsuits
This is the part that made headlines, and it is important to be precise, because these are allegations that are being contested and nothing has been proven. Starting in 2025, the law firm Hagens Berman and others filed a wave of class action lawsuits accusing several brands of something far beyond the 1% additive allowance: selling tequila labeled “100% agave” that plaintiffs claim was cut with cheaper, non-agave cane alcohol.
The specific numbers in the filings are what made people sit up. As reported by KTLA, plaintiffs in the New York case allege that independent lab testing found Casamigos Blanco contained only about 33% agave-derived ethanol, and the Reposado around 42%. A California case makes similar claims about Don Julio Blanco and Don Julio 1942. To put that in context: if those figures were accurate, the spirit would fall below even the 51% agave that a basic mixto legally requires, never mind a 100% agave bottle.
Diageo’s response, in full fairness: the company, which owns Casamigos and Don Julio, has categorically denied the allegations, calling them baseless and false. It says its tequilas are made from 100% blue Weber agave, are fully compliant with both Mexican and US regulations, and that it will defend the brands vigorously. It has also suggested the isotope testing the plaintiffs rely on is unreliable or misinterpreted. None of the claims on either side has been decided by a court.
The suits did not stop with Diageo. Over the following months, similar cases were reported against 818, the brand backed by Kendall Jenner, and Cincoro, co-founded by Michael Jordan, as The Spirits Business covered, followed by a case targeting Costco’s Kirkland Signature tequila. 818, for its part, has challenged its lawsuit, arguing among other things that it is CRT-certified and that private lawsuits should not override the official regulator. Reporting by Robb Report and others suggests industry insiders believe as many as 15 brands could ultimately be implicated, with roughly six named so far, and new filings arriving at a steady clip.
Table reflects publicly reported allegations as of mid-2026. All are contested and none has been proven in court. Inclusion here is not a statement that any brand has done anything wrong.
How the whole saga unfolded
This did not appear overnight. It is the collision of a transparency movement, a defensive regulator and a wave of litigation, building over several years. Here is the sequence.
Scientists formally name agave’s unique sugars agavins, giving researchers the distinctive chemical fingerprint that would later underpin authenticity testing.
Grover and Scarlet Sanschagrin launch the Additive-Free Tequila verification program through Tequila Matchmaker, touring distilleries and lab-testing samples to certify brands that add nothing.
The CRT reportedly raids the founders’ lab in Mexico, the first sign the regulator viewed the transparency movement as a threat rather than an ally.
The CRT bans the phrase “additive-free” from tequila labels, then sues the creators of Tequila Matchmaker in US court over the additive-free trademark, as reported by The Spirits Business.
Hagens Berman files the first class actions against Diageo over Casamigos and Don Julio, alleging non-agave alcohol. Diageo denies the claims.
Suits reportedly widen to 818 and Cincoro. Agave farmers, led by Remberto Galvan Cabrera, allege four further brands failed purity tests and call for a criminal investigation of the CRT.
818 formally challenges its suit; Costco’s Kirkland Signature is added; Diageo seeks to pause proceedings. The cases grind on, with no verdict yet and denials standing.
The science: how a lab proves what is in your glass
Here is the part almost nobody explains to normal drinkers, and it is genuinely fascinating. How can a laboratory tell whether the alcohol in a bottle came from agave or from sugarcane, when both are just ethanol? The answer starts with photosynthesis.
Plants fix carbon from the air in three different ways, and the route they use leaves a permanent chemical signature in everything they build, including their sugars. As Mezcalistas explains it well, there are three families:
- C3 plants (wheat, rice, most trees) fix carbon one way.
- C4 plants (corn and, crucially, sugarcane) fix it another way, built for hot, sunny climates.
- CAM plants (cacti, orchids and agave) open their pores at night to survive arid ground, and carry a third, distinctive signature.
That signature lives in the ratio of two forms of carbon, carbon-13 and carbon-12. Agave, as a CAM plant, carries a different carbon-13 fingerprint from cane, a C4 plant. Run a bottle through isotope analysis and you can read the fingerprint of the ethanol inside it. Agave even stores its own signature sugar, the fructan called an agavin, and when researchers matched the isotopic signature of agavins against the ethanol in authentic tequila, it lined up almost perfectly. As one isotope scientist quoted in the coverage put it, isotopes do not lie.
Two honest caveats, because comprehensiveness cuts both ways:
First, the test is expensive and out of reach for consumers. A specialist European lab reportedly charges around $700 per sample, which is why you cannot simply test your own bottle.
Second, the courtroom fight is partly about the science itself. Some experts have questioned whether the specific methods cited directly compare agave and non-agave distillates rather than raw juices, and Diageo argues the testing is unreliable or misinterpreted. The chemistry is real. Whether these particular results prove these particular claims is exactly what the courts will weigh.
The regulator in the middle of it all
The thread running through both scandals is the CRT, and its position is genuinely awkward. It is the body that certifies tequila as authentic and polices the standard. It is also, in effect, funded by and answerable to the industry it regulates. So when the transparency movement started independently testing bottles and publishing which brands were clean, the regulator did not embrace it. It reportedly raided the testers’ lab, banned the words “additive-free” from labels, and took the verification program to court.
You do not have to pick a side to see the tension. A regulator that allows undisclosed additives, then bans the one label that would tell consumers a bottle has none, has made a choice about whose interests come first. And the pressure is now coming from below too: Mexico’s own agave farmers, the growers watching cheap cane alcohol allegedly stand in for the crop they raise over six to eight years, have publicly demanded a criminal investigation of the council. When the people who grow the plant are the ones shouting fraud, that is not a niche complaint.
The fair counter-argument
Let me steelman the other side, because a piece that only prosecutes is not worth linking to. Two points deserve a hearing. First, tequila is not uniquely guilty: plenty of other spirits categories permit small additives, and some permit them with even less disclosure than tequila requires. Singling out agave spirits can feel selective. Second, on the legal 1% additives specifically, a tiny, competent correction to keep a product consistent is a normal part of distilling, not a con. The outrage is really about scale, secrecy and intent, using additives to fake age and quality, not about the existence of a glycerin drop.
The adulteration allegations are a different weight class, and there the counter-argument is simpler and stronger: nothing has been proven, the accused deny it firmly, and the science is being actively contested in court. A responsible reader holds both truths at once. The transparency problem is real and documented. The fraud allegations are serious, unresolved, and may or may not hold up.
Largely, yes. A given brand’s tequila is the same liquid wherever it ships, so the additive question travels with the bottle, and the isotope testing at the center of the lawsuits is done in Europe. The class actions themselves are US consumer-protection cases, so the legal remedy is American, but the underlying question of what is in the bottle is the same in London or Sydney as it is in Los Angeles.
How to protect yourself, without a lab
You cannot run isotope analysis at home. You can still stack the odds heavily in your favor with four habits.
1. Start with 100% agave, always. It is not a guarantee of no additives, but it rules out the mixto tier entirely. No claim on the label means up to half the sugars can be non-agave.
2. Check the additive-free lists. Since the regulator banned the phrase from labels, verification moved to independent third parties. The Tequila Matchmaker app and its additive-free program inspect and test brands on site. Names it has recognized include Fortaleza, G4, Tequila Ocho, Tapatio, Siete Leguas, El Tesoro, Cimarron, Cascahuin, LALO, Partida, Cazcanes, Mijenta and Don Fulano.
3. Learn the cake-batter tell. If a blanco tastes sweet and vanilla-heavy like dessert, or a young reposado looks darker than it drinks, you are probably tasting additives. Pure agave reads grassy, peppery, vegetal and clean.
4. Watch the glass. Swirl it and look at the “tears” running down the side. Broken, droplet-like tears can hint at glycerin; steady, even legs are a better sign. It is folklore, not proof, but it costs nothing.
Do those four things and the additive question mostly takes care of itself. For the bottles that pass all four with room to spare, my guide to the best tequila ranks twenty I have tasted, and if you are mixing rather than sipping, the best tequila for margaritas covers which clean bottles make the best drink.
Two things are true at once. The legal, undisclosed-additive problem is real, documented and industry-wide, and it means “100% agave” is no longer the promise most drinkers think it is. The adulteration allegations against specific brands are far more serious, firmly denied, and genuinely unresolved, so treat every named brand as innocent until a court says otherwise. What the whole mess should do is change how you shop: trust verification over marketing, learn what real agave tastes like, and reward the producers who add nothing and prove it. That is not a legal verdict. It is just how to drink better while the lawyers argue.
Tequila additives FAQ
Does “100% agave” mean additive-free?
No. It means all the fermentable sugar came from blue Weber agave. Regulations still allow up to 1% of undisclosed additives, so glycerin, sugar syrup, caramel color or oak extract can be present in a 100% agave bottle.
Is Casamigos really 100% agave?
Casamigos is labeled and certified as 100% agave, and its owner Diageo states firmly that it is. Class action lawsuits allege otherwise, but those claims are contested and unproven, and Diageo denies them. Nothing has been decided by a court.
What are the additives allowed in tequila?
Four, nicknamed abocantes: glycerin (softens texture), sugar syrup or jarabe (sweetens), caramel color (darkens), and oak extract (adds barrel and vanilla notes). Together they can total up to 1% without label disclosure.
How do I know if my tequila has additives?
Without a lab you cannot be certain, but you can check independent additive-free lists like Tequila Matchmaker, buy verified brands, and watch for the tells: a sweet cake-batter flavor, color richer than the age suggests, or broken tears in the glass.
Are tequila additives dangerous?
The permitted additives are not considered a safety hazard at these levels. The objection is about honesty and value, paying a premium for something quietly sweetened or colored, not about health. Some drinkers do report that added sweeteners worsen a hangover.
Which tequilas are additive-free?
Brands recognized by independent verification include Fortaleza, G4, Tequila Ocho, Tapatio, Siete Leguas, El Tesoro, Cimarron, Cascahuin, LALO, Partida, Cazcanes, Mijenta and Don Fulano, among others. My tequila buyer’s guide covers how they taste.
This article draws on court filings and case pages from the law firm Hagens Berman, news coverage from KTLA and Robb Report, trade reporting from The Spirits Business, agave-spirits journalism from Mezcalistas, consumer explainers from Tasting Table and The Daily Pour, the Tequila Matchmaker additive-free program, and peer-reviewed work on carbon isotope analysis of agave spirits. All allegations described are contested and unproven, and every brand named denies wrongdoing or has not been found liable.
Ready to buy the honest stuff? My guide to the best tequila ranks twenty bottles I have tasted, with the additive-free ones flagged.
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