Steven Cohen  |  January 2, 2020

Category: Food

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Imperial Nuts snack mix allegedly contains mostly peanuts.A class action lawsuit has been filed against Star Snacks Company by a consumer who claims that the Imperial Nuts Cashew Snack Mix made by the defendant is made up of mostly peanut pieces.

Gregory Lowery says he purchased three packages of the Imperial Nuts Cashew Snack Mix expecting the package to contain mostly cashews based on the product’s name. But when he opened the bag, he allegedly found out that it contained a plethora of peanuts instead.

The plaintiff states that he returned to the Dollar Tree where he originally bought the snack mix and purchased more packages of the Cashew Snack Mix, to find out if other bags were short of cashews. He claims that the products contained the same as the original purchase: mostly peanut pieces.

The Imperial Nuts class action lawsuit alleges that the plaintiff has a scale that he uses for weighing rare coins and placed the different types of content on the scale. By using this scale, the plaintiff allegedly found out that most of the weight was distributed towards peanuts.

“The said Cashew Snack Mix is deceptively marketed ostensibly as containing primarily cashews when in actuality is composed of three times more peanuts than cashews and oftentimes more sesame chips by weight than cashews, with the peanuts in truth not being whole peanuts but are peanut pieces,” the Imperial Nuts class action lawsuit states.

Lowery says the ingredient list on the food label must show the ingredients in descending order, based on the amount of the ingredients in the food.

The class action claims that cashews are listed as being the predominant ingredient, but the plaintiff argues that peanuts should be listed first.

In addition, the Lowery states that Star Snacks pictures the peanuts on the bag as whole peanuts, whereas the defendant should have shown peanut pieces on the bag. Lowery alleges that the defendant arranged the cashews on the front of the bag from left to right, as people usually look at a photo from left to right.

“The deceptive image of cashews on the [packing] causes the purchasers to expect that the contents are mostly cashews,” the Imperial Nuts class action lawsuit states.

The plaintiff claims that Star Snacks is “clearly” guilty of misbranding their Cashew Snack Mix in numerous ways and that the company deceptively labeled the product as cashews when, in reality, it was “heavy on peanut pieces.”

The defendant allegedly should have known that customers would rely on the labeling of the product as containing mostly cashews. In addition, because the packaging is in an opaque container, the defendant intentionally created the misleading impression that the bag contained mostly cashews, the Imperial Nuts class action lawsuit states.

“As a result of its misleading business practice, and the harm caused to Plaintiff and other consumers, Defendant should be enjoined from falsely representing that the Product is mostly cashews. Furthermore, Defendant should be required to pay for all damages caused for deceiving consumers, including Plaintiff,” the Imperial Nuts class action lawsuit states.

The prospective Class Members in this lawsuit include: “All persons residing in the United States who purchased Star Snacks Cashew Snack Mix.”

Did you purchase Imperial Nuts Cashew Snack Mix? Leave a message in the comments section below.

The plaintiff is represented by Charles M. Thompson.

The Imperial Nuts Cashew Snack Mix Class Action Lawsuit is Gregory Lowery v. Star Snacks Company LLC, Case No. 2:19-cv-02125, in the U.S. District Court for the Northern District of Alabama.

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592 thoughts onImperial Nuts Class Action Says Cashew Nut Mix Is Mostly Peanuts

  1. lisa cotto says:

    I just bought a can of honey roasted cashews and they are the nastiest things that I’ve ever tasted I wouldn’t even feed them to my dog there was so much sugar on them and no honey taste.

  2. Josie Montes says:

    So disappointed 3 walnuts and 2 pistachios and a whole lot of peanuts. Was no power blend at all.

  3. Debra Weber says:

    I have purchased 4 cans of Imperial Nuts WHOLE cashews in the last 2 months and every can have been cashews PIECES. I spoke with the manager of Drug Mart where I purchased them and he told me to contact Imperial Nuts. Previously when I had purchased the whole cashews they were whole and not in pieces. What’s going on?

  4. Melinda Dismuke says:

    add me

  5. Ruby Burton says:

    I purchased
    four packages of Imperial Nuts Power Blend and Found nothing but bags of PEANUTS. No pecans, no walnuts, no almonds, no pistachios, no hazelnuts. If I wanted peanuts, I would have purchased peanuts. These bags are very deceitful. I will not pur have this brand again!!

  6. Jo Ann Cornelli says:

    I have been buying the Power Blend and they have bad mostly peanuts in them. The bag I opened today had exactly 2 cashews and 1 walnut. Really. I won’t be buying anymore imperial nuts .I never thought to complain to anyone until now. Shame on you.

  7. Linda watson says:

    Not a single cashew in chocolate coated cashews just a ball of chocolate

  8. Scott Duke says:

    I always buy the chocolate coated cashews and have noticed alot of chocolate coated peanut pieces. Especially this last one on bought which contained ALOT of peanut pieces. When I purchase cashews, I expect cashews, not peanuts. I’d I wanted peanuts chocolate coated, I would have purchased Chocolate coated peanuts. Can yall fix this issue or you have lost my business and I will jump on board with a lawsuit. The sku# is 53519 47008

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