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The maker of Silk Almond milk is fighting back against a class action lawsuit arguing that the claims against the product are nothing more than “an attack on the entire plant-based beverage industry.”
Plaintiff Melanie Kelley brings this class action lawsuit to address if Silk almond products can actually be called “almond milk.”
She centers her argument to address if defendant WhiteWave Foods can use the term “almond milk” to “describe this line of products without engendering consumer deception as to whether almond milk is the same as milk that comes from a cow.”
Kelley is accusing WhiteWave of falsely misrepresenting their products as superior or equal to dairy milk, and contends that they must be labeled as “imitation.”
According to the defendant’s counter, the allegations made by the plaintiff that they misrepresent and falsely advertise their products as a “healthy alternative to dairy milk,” is inaccurate and a “waste of time.”
“The fact that the FDA has standardized milk does not categorically preclude a company from giving any food product a name that includes the word ‘milk,’” the defendant states. “Moreover, the name ‘almondmilk’ accurately describes the nature and content of the Silk Almondmilk products, while ‘clearly distinguishing them from milk that is derived from dairy cows.’”
Kelley argues that Silk Almond beverages, “cannot contain the word ‘milk’ without violating the FDA standard of identity of dairy milk.”
However, WhiteWave contends that consumers are capable of reasoning that “almond milk” has no nutritional equivalency to “milk” nor would a consumer be, “confused by factually accurate marketing statements highlighting certain nutritional differences between the two beverages.”
The Silk Almond products at the center of this issue include:
- Silk Vanilla Almondmilk
- Silk Original Almondmilk
- Silk Organic Original Almondmilk
- Silk Dark Chocolate Almondmilk
- Silk Unsweetened Vanilla Almondmilk
- Silk Unsweetened Almondmilk
- Silk Light Vanilla Almondmilk
- Silk Light Original Almondmilk
The Silk Almond class action lawsuit contends that the defendant’s practices are in violation of California’s Consumers Legal Remedies Act, California’s Unfair Competition Law, and California’s False Advertising Law.
However, WhiteWave argues that the marketing, ingredients list, and nutritional panels are not incorrect, but rather, the plaintiff is alleging that California state law should formulate a “new set of labeling requirements on plant-based beverages.”
Plaintiff demands that WhiteWave: 1) represent their products as “imitation milk,” 2) allow consumers to compare nutritional values to dairy milk, and 3) allow their products to adhere more closely to dairy milk or 4) end their use of using the term “milk” with their plant-based products.
Kelley is represented by Lee A. Cirsch, Robert K. Friedl, and Trisha K. Monesi of the Capstone Law APC.
The Silk Almond Milk Class Action Lawsuit is Melanie Kelley v. WWF Operating Co., Case No. 1:17-cv-00117, in the U.S. District Court for the Eastern District of California.
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18 thoughts onSilk Almond Milk Co. Seeks Dismissal of False Advertising Class Action
add me please!
Add me please
Add me please. Do type 1 I was told to try this from a Dr.
Thanks Cindy .
Pls add me
I have bought this product many times over the past 5 years. Please include me. Another issue with this product is they add alot of extra unneeded ingredients.
I’m not a judge, but… I personally dismiss this lawsuit on the basis of its complete RIDICULOUSNESS! Smh…
I Agree!!
Agree!
Look up the definition of milk. It doesn’t just pertain to animals. It can be derived from plants. So Melanie Kelley it is not being advertised as imitation milk. It says in its own name”Almond Milk” . It doesn’t say “imitation cow milk” ANYWHERE!!! I am a vegan and proud of it!!! I don’t care to drink cow milk, but you don’t see me trying to throw lawsuits at a company that kills baby cows on a regular basis to keep producing “milk” for their own profit! Humans are the only species to consume milk derived from a species not of their own. So “we” are infringing upon them. So get over yourself Melanie!! Who made your opinion any more significant that all the animals that die EVERYDAY so humans can drink”milk”, and make a profit??? If you can read a label then you shouldn’t have any problem knowing what the ingredients are. Why are people so quick to find any way to file lawsuits and make a buck. Can’t you find more ways to be constructive and to give back to life and your community …instead of taking??? I normally don’t get bothered by people who are carnivores, but if your going to be ruthless and file a lawsuit against a company that I support, well then in honor of all the cows and baby cows that die in order to produce a “milk” that we DON’T need to survive anyways… I really hope you loose!!!
Shani Chicka
I am sure you have filed a class action suit against a product I support. A lot of hypocrites out there like you. Stick to your veggies. More meat for us meat lovers. I want real milk not imitation. Label it as such, REAL MILK!
Please include me in this class action, I buy Silk Almond Milk at Sams Club in Springfield Mo. for more than 3 yrs now.
Shelby
Hi, I’m just curious, so if you have been drinking almond milk for 3 yrs,you mean you had NO clue it was made from almonds and not cow milk??? You never ever in 3 yrs read the label and ingredients?? It does say in the name “almond milk” So why would you want to sue them if you as a consumer, never took 5 minutes in the last 3 yrs to read the label and educate yourself ?? And now you want to blame the company??? I just don’t get it.
Shani Chicka
I agree with Shelby. If I’m going to be getting my money’s worth then I want to know that my milk came from the suffering of another being on this earth. I feel cheated that nobody was harmed in the making of my almond “fake” milk.
I think Shelby should sue Silk company for not putting puss, blood, and hormones into their milk like the ones found in dairy.
Heard!!
I think you should rub salt in your ass.
Not regular table salt ,but the big , sharp jagged edge, rock salt. Lol!!!
Second that
Type 2 Diabetes , demands I not drink any milk with Lactose in it because it’s a sugar, and it could kill me.