Blue Diamond Class Action Says Almond Nut-Thins are Misrepresented

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A New York woman says Blue Diamond falsely advertises its Almond Nut-Thins by overemphasizing the amount of almonds in the crackers which are actually made predominately of rice flour.

Lead plaintiff Dakota Campbell-Clark alleges in the Blue Diamond Almonds class action lawsuit that the crackers are touted as being made with almonds.

The marketing of the crackers is misleading, claims the plaintiff, because the product mainly consists of rice flour and contains equivalent amounts of potatoes and almonds.

According to the Blue Diamond Almond Nut-Thins class action, “The Products are misleading because despite the labels naming them ‘Almond Nut-Thins’ and more specifically identifying them as ‘Nut & Rice Cracker Snacks,’ they are actually rice-flour based crackers, which happen to include equivalent amounts of ‘almonds’ as they do ‘potatoes.’”

Nut-Thins come in a few varieties, according to the Blue Diamond Almonds class action lawsuit, including Hint of Sea Salt, Pepper Jack Cheese, Cheddar Cheese, Country Ranch and Smokehouse. Nut-Thins come in boxes that are prominently labeled “Almond Nut-Thins.”

According to the Blue Diamond class action lawsuit, “Plaintiff desired to purchase a product that was made primarily of almond ingredients and believed that the predominant ingredients was almonds or derived from almonds.”

The plaintiff says that she and other consumers paid a premium for Blue Diamond Almond Nut-Thins, approximately $2.99 per 4.25 oz box – a premium compared to other crackers mainly composed of rice flour.

“Plaintiff believed the Almond Products were made with almonds as predominant ingredient in the same way consumers would observe wheat crackers and reasonably expect they were composed mainly of wheat,” contends the Blue Diamond Nut-Thins class action lawsuit.

Blue Diamond deliberately misleads consumers by causing them to believe almonds play more of a part in their Nut-Thins products.

The plaintiff points to advertising on the Blue Diamond website that states “As The Almond People®, we’re pretty partial to almonds in anything, but we think you’ll agree these crispy crackers go well with almost anything. Now you can enjoy the delicious taste of Blue Diamond Almond Nut-Thins.”

“Moreover, even the more specific identification of the Products as ‘nut & rice cracker snacks’ is misleading because there is more rice than nut ingredients, and the amount of potatoes present closely approximates the amount of almond-based ingredients,” the Blue Diamond Almond Nut-Thins class action states.

A picture of the ingredient list in the Nut-Thins class action lawsuit reveals that, indeed, almonds are on par with potato starch as components of Nut-Thins and rice flour is the top ingredient.

According to the Blue Diamond class action lawsuit, neither the plaintiff nor proposed Class Members would have purchased Nut-Thins, or paid as much, had they known that almonds are not the predominate ingredient in the product.

The Blue Diamond class action lawsuit seeks to represent a New York Class of consumers who were allegedly tricked into purchasing Nut-Thins because they believed almonds were the primary ingredient in the product.

Campbell-Clark and the proposed Class are represented by Spencer Sheehan of Sheehan & Associates PC, Joshua Levin-Epstein of Levin-Epstein & Associates PC, and Larry Paskowitz of Paskowitz Law Firm PC.

The Blue Diamond Almond Nut-Thins Class Action Lawsuit is Campbell-Clark v. Blue Diamond Growers, Case No. 1:18-cv-05577, in the U.S. District Court for the Eastern District of New York.