Blue Diamond Smokehouse Almonds Label Class Action Lawsuit Overview:
- Who: A Chicago resident is suing Blue Diamond Growers, which manufactures, labels and sells almonds.ย
- Why: The plaintiff alleges Blue Diamond deceives customers through the labeling of its Smokehouse almonds, which are allegedly not made in a smokehouse.
- Where: The class action lawsuit was filed in Illinois federal court.
A Chicago resident filed a class action lawsuit against almond company Blue Diamond Growers over the labeling of its Smokehouse almonds, a representation that the plaintiff says is deceiving because the almonds do not actually get their flavor from a smokehouse.ย
The plaintiff, Margo Clark, notes that by several dictionary definitions, a smokehouse โis a noun that describes a physical structure where food is prepared through the process of using actual smoke.โ However, Clark argues that Blue Diamond Smokehouse almonds were not smoked in a smokehouse and are only meant to taste like it through the non-equivalent โnatural hickory smoke flavor.โ
Clark seeks to represent an Illinois class of everyone in the state who purchased Blue Diamond Smokehouse almonds during the statutes of limitations for allegation and a consumer fraud multistate class of everyone in Arkansas, Iowa, Wyoming, Texas, Nebraska, South Dakota, West Virginia, Utah, Idaho, Alaska and Montana who purchased the product during the statutes of limitations for each allegation.
Blue Diamond Smokehouse Packaging Misleads Consumers, Class Action Says
By placing โSmokehouseโ on the front label without disclosing the true flavoring, Blue Diamond violates federal and state regulations, the complaint claims. Blue Diamond further misleads consumers with its red and orange packaging, โevocative of the colors of fire,โ Clark argues.
The class action filing cites the U.S. Food and Drug Administrationโs (FDA) guidance on smoked flavors as saying if natural smoke flavors are โadded flavors, they should be declared [on the front label],โ the class action lawsuit says.ย
โFoods that are not made in a smokehouse should contain a prominent statement such as โโwith added smoke flavor,โ โsmoke-flavoredโ or with โnatural smoke flavor,โโ the complaint says.
Competitor brands, such as Planters and Walmart Great Value, disclose their natural smoke flavor on the front label, the lawsuit adds.
The class action lawsuit also argues that added smoke flavor poses โconsumer healthโ and quality issues, citing the European Food Safety Authority and that reasonable customers would want to know where flavoring comes from.ย
Clark seeks preliminary and permanent injunctive relief directing Blue Diamond to correct its practices, restitution and disgorgement, monetary damages, statutory and/or punitive damages and reasonable attorneysโ fees.ย
Have you bought Blue Diamond almonds or other products expecting them to be flavored in a smokehouse? Tell us about your experience below!
The plaintiff is represented by Spencer Sheehan of Sheehan & Associates, P.C.
The Blue Diamond Smokehouse Almonds Label Class Action Lawsuit is Clark v. Blue Diamond Growers, Case No. 1:22-cv-01591, in the U.S. District Court for the Northern District of Illinois Eastern Division.
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519 thoughts onBlue Diamond Class Action Alleges Almonds Not Made in Smokehouse
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I always loved the smoky taste. Didnโt realize they were not actually not smoked. Been eating these forever please add me
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We buy Smokehouse almonds frequently in MI and FL.
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Add me. I buy every flavor they sell. I trusted their label.
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