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A proposed $2.6 million settlement has been reached in a class action lawsuit accusing Blue Diamond of misleading consumers about the vanilla flavoring in its almond milk yogurt, according to court documents submitted Monday.
The seven consumers who lodged the false advertising class action urged a New York federal judge to approve the proposed settlement which will provide a nationwide Class of consumers up to $10 in rebates for purchases of Blue Diamond vanilla yogurt.
“The gravamen of the actions is that defendant is deceiving consumers by misrepresenting the source of the vanilla flavoring on the labeling of its product,” says the plaintiffs’ motion for preliminary approval of the settlement. “Furthermore, the cash compensation to which eligible settlement class members will be entitled goes a significant way toward compensating settlement class members for the damages they incurred on account of defendant’s allegedly deceptive representations about the products.”
If approved, Class Members will include any consumer in the United States who purchased Blue Diamond’s Almond Breeze brand vanilla-flavored yogurt products. Class Members can make claims for up to 10 products. Those with proof of purchase will be able to claim $1 per product and those without proof will be able to claim $.50 per product. Class action rebates will be awarded in cash or check.
The motion for preliminary approval of the settlement states that Class Members will be notified using digital media and a dedicated settlement website will be created where claim forms and other documents will be made available. In addition, Class Members will be able to use a toll-free number to get more information about the settlement.
The class action lawsuit was initially lodged by lead plaintiff, Lauren Biegel, on April 15, 2020. Other consumers later joined as plaintiffs. They claimed that they and others had been duped into thinking Blue Diamond yogurt products had been flavored using real vanilla; however, the class action alleged that Blue Diamond duped consumers into paying more for the almond yogurt by misrepresenting the substances used to create the vanilla flavoring.
Will you participate in the Blue Diamond yogurt class action settlement if approved? Tell us what you think in the comment section below!
The proposed Class is represented by Spencer Sheehan and Christopher Patalano of Sheehan & Associates PC, Michael R. Reese of Reese LLP, and Jonathan Shub and Kevin Laukaitis of Shub Law Firm LLC.
The Blue Diamond Yogurt Class Action Lawsuit is Lauren Biegel et al. v. Blue Diamond Growers, Case No. 7:20-cv-03032, in the U.S. District Court for the Southern District of New York.
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837 thoughts onBlue Diamond Pays $2.6M to Settle Misleading Vanilla Flavoring Yogurt Class Action
Please add me
Add me I have this for breakfast every day
Add me
Please add me.
Add me please as I too have bought this product many times over the years. Thanks.
please add me here..i know i bought this many times over
Please include me
My reason for purchasing this product was for the flavor in my smoothies. Which I thought to be healthier them a milk base when I don’t used juice.
Please include me.
PLEASE ADD ME TO THIS LAWSUIT!!