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The maker of Orgain Unsweeted Vanilla Almond Milk is facing allegations it misled customers with deceptive labeling stating that the product is made from vanilla when it actually is not, consumers are claiming.
Lead plaintiff Douglas Patenaude argues the line of Orgain Organic Protein Unsweetened Vanilla Almond Milk is marketed to consumers in a way that leads them to believe the flavoring is made from authentic vanilla bean ingredients.
Reasonable shoppers, Patenaude argues, rely on product labeling to make choices. Orgain’s vanilla almond milk only says “vanilla” on the label but the product is really made from vanilla flavoring, according to the complaint.
Vanilla flavoring is an ingredient made from a wide array of components, including oil, in addition to vanilla extractions. Orgain’s almond milk isn’t made from vanilla, but rather has “natural vanilla flavor,” the class action asserts.
“However, that natural flavor does not consist of vanilla, as a reasonable consumer would understand.”
The nuance between these two distinctions should be clearly spelled out on cartons of Orgain vanilla almond milk, according to the lawsuit.
“Reasonable consumers, do in fact, rely on the Product’s front label to honestly state the nature of its ingredients.”
The lack of clarity on the label about the nature of the almond milk’s flavoring is not in compliance with Massachusetts and federal law, Patenaude claims.
The U.S. Food and Drug Administration’s Food, Drug and Cosmetic Act requires food products to properly label ingredients.
Patenaude cites a specific section of that law pertaining to food flavorings. He argues Orgain fails to specifically state the almond milk’s flavor comes from “vanilla flavoring” not “vanilla.”
The class action lawsuit compares a competing almond milk product from Shop & Stop stores. Patenaude says the supermarket chain’s brand, unlike Orgain’s, clearly states its “naturally flavored.”
Patenaude is seeking to represent a class of all Massachusetts consumers who’ve purchased Orgain vanilla almond milk.
Formally, the class action lawsuit is accusing Orgain of unjust enrichment. Plaintiffs are asking for an order disgorging Orgain from all profits stemming from its almond milk sales, in addition to restitution.
Do you buy Orgain vanilla flavored almond milk? Do you expect its vanilla flavoring to be authentic? Let us know why or why not in the comments below.
Counsel representing the plaintiffs in this class action lawsuit are John T. Longo of the Law Office of John T. Longo and Peter N. Wasylyk of the Law Offices of Peter N. Wasylyk.
The Inauthentic Vanilla Almond Milk Class Action Lawsuit is Patenaude, et al. v. Orgain, LLC., Case No. 4:21-cv-40018 in the U.S. District Court District Of Massachusetts.
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83 thoughts onOrgain Almond Vanilla Milk Not Really Vanilla, Consumers Claim
The flavor is fake! Add me. Fake vanilla is not what I paid for.
Please add me