Blue Diamond Seeks Stay in Almond Breeze Class Action Lawsuit

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Earlier this week, Blue Diamond Growers asked a judge to stay a false advertising class action lawsuit over allegations its almond milk only contains two percent almonds because it has recently agreed to a nationwide settlement over labeling claims.

Blue Diamond argues that allowing the case to proceed would be a waste of judicial resources and would require the company to engage in unnecessary discovery.

Attorneys representing plaintiff Tracy Albert responded with a letter urging the judge not to stay the almond milk class action lawsuit because the proposed settlement would only resolve claims related to the allegedly false “all natural” claims but would not address the issue related to the product’s almond content.

Albert cites several reasons explaining why that the proposed “all natural” class action settlement will not release the claims at issue in the class action lawsuit over the amount of almonds contained in the product.

“First, plaintiffs in the ‘All Natural’ class actions allege that several ingredients, which were clearly listed on the product labeling, are not natural,” Albert says in the letter. “Here, Plaintiffs allege that the Almond Breeze products were advertised as healthy as a result of the almond content therein, when there barely are [any] almonds in the products.”

Albert asserts that, because there are no overlapping claims in the “all natural” class action lawsuit and the almond content class action lawsuit, the “all natural” settlement will not apply to the proposed almond content Class.

Further, Albert alleges that the “all natural” class action lawsuits have little monetary value because the plaintiffs cannot prove damages. Albert asserts that the damages are easily calculable in the almond content class action lawsuit.

Albert points to the Blue Diamond product label which includes a picture of two hands filled with almonds. Albert estimates that there is approximately one cup of almonds, or about 92 almonds, in the picture.

“However, the product only contains approximately 30 almonds in each half gallon unit of Almond Breeze,” Albert states. “Blue Diamond sells its almonds for approximately 3.5 cents per almond, so Plaintiffs here have solid damage claims of approximately $2.17 per each half gallon unit sold at a minimum.”

Blue Diamond has not removed the picture of the hands filled with almonds from its product labels, according to Albert’s letter.

Unless the picture is removed in connection with the nationwide class action settlement, the product labeling claims in the almond content class action lawsuit should still continue, Albert argues.

Albert filed the almond milk class action lawsuit in June 2015, accusing Blue Diamond Growers and WWF Operating Company of misrepresenting the almond content in their almond milk products to generate sales.

Blue Diamond’s almond milk is sold under the Almond Breeze label and WWF’s almond milk is sold under the Silk PureAlmond label.

Albert is represented by James C. Kelly of the Law Office of James C. Kelly.

The Blue Diamond Almond Milk Class Action Lawsuit is Tracy Albert, et al. v. Blue Diamond Growers, Case No. 1:15-cv-04087, in the U.S. District Court for the Southern District of New York.