Blue Diamond Almond Breeze, Nut Thins Class Action Settlement

Blue Diamond Growers has agreed to settle a class action lawsuit alleging the packaging and advertising of certain Almond Breeze and Nut Thins products misled consumers into believing the products were “All Natural” or “Natural,” even though they actually contained synthetic ingredients.

If you purchased certain Blue Diamond Almond Breeze and/or Nut Thins products, you may be entitled to a cash payment from this class action settlement.

The Blue Diamond class action lawsuit alleged that Almond Breeze and Nut Thins products were advertised as “All Natural” or “Natural” when they actually included one or more synthetic ingredients.

The plaintiffs also challenged the use of the term “evaporated cane juice” as an ingredient and the use of the American Heart Association’s “heart check-mark” symbol on some of its Almond Breeze products.

According to the false advertising class action lawsuit, Blue Diamond misleadingly marketed its Almond Breeze products as containing a significant amount of almonds.

Blue Diamond denies any wrongdoing and stands by its advertising. However, the company has agreed to settle the false advertising class action lawsuit to avoid the burden and expense of trial. Under the terms of the proposed class action settlement, Blue Diamond will pay up to $9 million to resolve the litigation.

In addition to providing cash payments to Class Members who submit valid and timely claims, Blue Diamond has also agreed to make changes to its labels to address the concerns brought forth in the false advertising class action lawsuit.

Blue Diamond will make sure its products no longer contain “Natural” or “All Natural” on the labels, that the product are not advertised with the AHA “heart check-mark” unless the products are certified by the AHA in the future, remove the image of two hands full of almonds from the front label, and change the phrase “Made from Real Almonds” to “Made with Real Almonds.”

If you would like to object to or exclude yourself from the Blue Diamond class action settlement, you must do so no later than Mar. 2, 2017.

Who’s Eligible

Class Members of the Blue Diamond settlement include anyone who, between May 28, 2009 and Nov. 18, 2016, purchased in the United States Blue Diamond Almond Breeze and/or Blue Diamond Nut-Thins Products that bore the statement “All Natural” or “Natural” on any part of the package (other than the ingredients list); listed “evaporated cane juice” as an ingredient; contained an endorsement from the American Heart Association; and/or did not specifically disclose the amount of almonds included in the product.

Potential Award

Up to $20. The amount each claimant receives depends on the number of products purchased and if proof of purchase is provided.

Class Members who do not provide proof of purchase with their Claim Form are entitled to a payment of $1 per unit of Almond Breeze purchased up to a maximum of five units, receiving up to $5. Similarly, Class Members who do not provide proof of purchase may claim $1 per unit of Nut Thins products purchased, up to a maximum of five units, for a payment of up to $5.

Class Members who do provide proof of purchase with their Claim Form may recover $1 per unit of Almond Breeze purchased, up to a maximum of 10 units, receiving a payment of up to $10. Class Members who provide proof of purchase with their Claim Form may recover $1 per unit of Nut Thins products purchased, up to a maximum of 10 units, for a payment of up to $10.

Only one claim per household may be filed.

Proof of Purchase

None required. However, Class Members who do not submit proof of purchase will be limited to a payment of $5 (or $10 if they make a claim for five units of both Almond Breeze and Nut Thins products).

Class Members who do submit proof of purchase may make a claim for up to $10 (or $20 if they make a claim for 10 units of Almond Breeze and 10 units of Nut Thins).

Claim Form

CLICK HERE TO FILE A CLAIM »

Claim Form Deadline

4/13/2017

Case Name

Townsend v. Blue Diamond Growers, Case No. CV 14-958-4, in the Circuit Court of Washington County, Arkansas

Final Hearing

3/29/2017

UPDATE: The Blue Diamond Almond Breeze/Nut Thins settlement was granted final approval on March 29, 2017.  On April 18, 2017, a notice of appeal was filed. Claims will not be paid until all appeals are exhausted.  We appreciate your ongoing patience. Top Class Actions will continue to provide updates as we learn more.  

UPDATE 2: On June 27, 2017, according to the settlement administrator the appeal has been withdrawn .  Settlement payments should be mailed on or around July 11, 2017.  Let Top Class Actions know when you receive a check in the comments section below or on our  Facebook page.

UPDATE 3: On July 17, 2017, Top Class Actions viewers started receiving checks in the mail from the Blue Diamond Almond Breeze, Nut Thins class action settlement.

Settlement Website

www.BreezeAndThinsSettlement.com

Claims Administrator

Townsend v. Blue Diamond Growers Settlement
c/o Heffler Claims Group
P.O. Box 58427
Philadelphia, PA 19102-8247
1-844-528-0184

Class Counsel

Chant Yedalian
CHANT & COMPANY

Pierce Gore
PRATT & ASSOCIATES

Defense Counsel

Lawrence M. Cirelli
HANSON BRIDGETT LLP