Blue Diamond Class Action Says Almond Milk Lacks Essential Nutrients

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A California consumer is suing the maker of Almond Breeze Almond Milk, alleging the dairy milk alternative is not as nutritionally superior as it claims to be.

Plaintiff Cynthia Cardarelli Painter alleges that Blue Diamond Growers deceptively portrays to customers that its Almond Breeze products are nutritionally equivalent, and even superior to, dairy milk when the products actually lack many of the essential nutrients and vitamins provided in dairy milk.

Painter asserts that Blue Diamond’s advertising claims that its almond milk beverages are “an excellent source of Calcium, Vitamin D, and Vitamin E, and a good source of Vitamin A” fall short compared to the measurable amounts of essential nutrients and vitamins provided in two percent fat dairy milk, as defined by the Food and Drug Administration.

Specifically, Painter contends that Blue Diamond wrongly capitalizes on consumers’ demand for non-dairy milk.

“By calling its almond beverages ‘milk,’ a term historically used to define cow’s milk, defendant has capitalized on reasonable consumers’ understanding of the well-known health benefits and essential nutrients that dairy milk provides without actually providing those health benefits and essential nutrients,” the lawsuit says.

Painter also points out that the amount of essential vitamins and nutrients provided by dairy milk have a material bearing on this case, since consumer acceptance of products attempting to substitute dairy milk are often offered at a premium price.

The lawsuit claims that Blue Diamond’s labeling of its almond milk beverages highlighting its low calorie and fat content, while omitting the actual nutritional value, has been successful in misleading consumers about the nature, quality, and ingredients of its products.

Further, Painter alleges that Blue Diamond fails to label its almond milk beverages as “imitation milk” as required by the FDA, contending that the nutritional value of the almond milk beverages are better than dairy milk despite the reduction of essential nutrients present in dairy milk.

“Because defendant utilizes the common or usual name of a food (i.e. milk) but fails to reveal the basic nature and characterizing ingredients of the almond beverage, Blue Diamond must label its almond beverages as ‘imitation milk,’” Painter says.

These allegedly deceptive practices, according to the proposed class action lawsuit, pose a serious health concern to consumers. In fact, the 2015 Dietary Guidelines Advisory Committee Report found that in cases where people do not consume dairy, the levels of calcium, magnesium, iron, vitamin A and riboflavin drop below the recommended intake, and intake levels of potassium, vitamin D and choline also drop substantially, the lawsuit states.

“While [Blue Diamond] could fortify its Almond Beverages to contain comparable quantities of the essential vitamins and nutrients contained in dairy milk, it chooses not to do so,” Painter asserts.

Painter maintains that if she and potential Class Members had been made aware of the inferior level of nutrition in Blue Diamond’s almond milk beverages, they would not have purchased or paid less for them.

She is seeking to represent a nationwide Class of all individuals in the United States who purchased any Almond Breeze Almond Milk product since four years prior to the filing of this complaint as well as a California subclass and CLRA subclass.

This isn’t the first time Blue Diamond has been in legal hot water over its products. Earlier this month, the company agreed to pay $9 million to settle allegations that it falsely advertised its Almond Breeze and Nut-Thins products as “all natural” or “natural” even though they actually contain synthetic ingredients. The class action lawsuit also questioned how much almonds actually went into Almond Breeze milk.

Painter is represented by Lee A. Cirsch, Robert K. Friedl and Trisha K. Monesi of Capstone Law APC.

The Blue Diamond Almond Milk Nutritional Claims Class Action Lawsuit is Cynthia Cardarelli Painter v. Blue Diamond Growers, Case No. BC647816, in Superior Court of the State of California, County of Los Angeles.