Diamond Walnuts Omega 3 False Advertising Class Action

By Sarah Mirando | July 15, 2011

Category: Legal News

By Matt O’Donnell

UPDATE: A class action settlement has been reached! Diamond Foods has agreed to pay consumers $3.25 to $8.25 per package of Diamond Walnuts they purchased that contained “heart healthy” claims. Read more about the Diamond Foods Walnut False Advertising Class Action Settlement here.

A California federal judge has certified a class action lawsuit against Diamond Foods, Inc. over allegations the company misbranded its shelled walnut products and misled consumers about the positive effects of omega-3 fatty acid consumption on health.

The newly certified Diamond walnuts class action lawsuit represents a Class of all persons who purchased Diamond of California Shelled Walnut products in 6 oz., 10 oz., 16 oz. and/or 3 lb. bags from March 22, 2006 through the present bearing labels with the heart symbol banner and misleading health claims.

The class action lawsuit says the misleading statements include Diamond’s package claims that “the omega-3 in walnuts can help you get the proper balance of fatty acids your body needs for promoting heart health,” and that “according to the Food and Drug Administration, supportive but not conclusive research shows that eating 1.5 oz of walnuts per day…may reduce the risk of coronary heart disease.” The front and back of the packaging for Diamond’s shelled walnut products also state: “OMEGA 3 2.5g per serving” with adjacent heart symbols.

The U.S. Food and Drug Administration issued a warning letter to Diamond Foods in February 2010 advising Diamond that there is not sufficient evidence to link walnut consumption with heart health, but Diamond ignored the warning letter and refused to remove the false and misleading statements from its warning labels, the class action lawsuit says.

According to the Diamond Foods action lawsuit, this constitutes a violation of the Food, Drug and Cosmetic Act because Diamond used language not authorized by the FDA and because its products “did not provide the health benefits that were claimed on the package labels.”

The Diamond Shelled Walnuts Omega 3 Class Action Lawsuit is seeking restitution, costs and an injunction.

The case is Zeisel v. Diamond Foods, Inc., Case No. 10-01192, U.S. District Court, Northern District of California.