Family Dollar Sells Smoked Almonds That Aren’t Smoky Enough, Class Action Alleges

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Family Dollar’s claims that its almonds are smoked may just be smoke and mirrors, a new class action lawsuit alleges. 

Plaintiff Heather Rudy filed the class action complaint against Family Dollar, Inc., Monday in an Illinois federal court, alleging the retail chain broke multiple state and federal laws through its marketing of Eatz “Smoked Almonds.”

Rudy says she bought the almonds on multiple occasions from an Illinois Family Dollar this year, and expected them to be smoked due to the packaging saying “Smoked Almonds,” its “red packaging evocative of fire” and the fact there was no mention of smoke flavor.

However, she later discovered the almonds were not subject to any smoking.  

“(Rudy) expected that any smoke taste was entirely from being smoked. (She) wanted more than a ‘smokey’ taste but a product that was sufficiently smoked so that it did not require added ‘smoke flavor,’” the class action alleges.  

“Plaintiff expected the almonds would have been subjected to more than a de minimis amount of smoking, but they were not subject to any smoking.”

As a result, Rudy is taking class action against Family Dollar, Inc., alleging violations of the Illinois Consumer Fraud and Deceptive Business Practices Act, breach of warranty, negligent misrepresentation, fraud and unjust enrichment. 

She’s looking to represent anyone in Illinois, Texas, Utah, New Mexico, Indiana, West Virginia, and North Carolina who bought the nuts thinking they were smoked.

Rudy says consumers prefer foods that are flavored from a natural production process – for example being smoked – instead of having added smoke flavor. Because the front label says “Smoked Almonds” and does not disclose the addition of any added natural smoke flavor, she says consumers will reasonably expect the product to have an appreciable amount of its smoked taste from having undergone a smoking process. 

“However, the Product is misrepresented as ‘Smoked Almonds,’ and has not been subjected to any smoking,” the class action alleges.

Rudy adds that the FDA has warned companies that fail to accurately inform consumers of foods which are not smoked but only have added smoke flavor. 

Where a food’s flavor does not come exclusively from a characterizing ingredient or processing method, but contains natural flavor derived from that ingredient or processing method, this must be disclosed to consumers on the front label, in addition to on the ingredient list, she says.  

Only in the almonds’ ingredient list does it reveal that the product contains “natural smoke flavor,” which purports to be “smoke condensed into a liquid form,” she says.

As a result, the value of the product the Class purchased was less than the value represented by Family Dollar, the class action alleges. 

Rudy is seeking certification of the class action, an injunction stopping Family Dollar from continuing the alleged false marketing, damages, costs, fees and a jury trial.

This is not the first time Family Dollar has been sued over the smoked almonds by the same law firm, Sheehan & Associates, P.C. 

In August last year, a New York customer accused Family Dollar of falsely advertising the smoked almonds to customers, alleging violations of New York General Business Law.

What do you think of the allegations about almonds in this lawsuit? Let us know in the comments! 

The plaintiff is represented by Spencer Sheehan of Sheehan & Associates, P.C.
The Family Dollar Smoked Almonds Class Action is Rudy et al., v. Family Dollar Stores, Inc., Case No. 1:21-cv-03575, in the U.S. District Court Northern District of Illinois.

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