A lawsuit was brought against Blue Diamond Growers claiming that the packaging and advertising of certain Blue Diamond Growers Almond Breeze and Nut Thins Products was inaccurate in that it led purchasers to believe that the Products were “All Natural” or “Natural”, when in fact they included one or more synthetic ingredients. The lawsuit also challenged Blue Diamond Growers’ use of the ingredient statement “evaporated cane juice” and the use of the American Heart Association’s “heart check-mark” symbol on certain of its Almond Breeze Products. The lawsuit also claimed that Blue Diamond Growers’ Almond Breeze products were misleadingly advertised as containing a significant amount of almonds and as being heart healthy.
Blue Diamond Growers’ stands by its advertising and denies it did anything wrong.The Court has certified the lawsuit as a class action for settlement purposes.
The certified class includes all persons who purchased in the United States, from May 28, 2009 up to and including November 18, 2016, Blue Diamond Almond Breeze and/or Blue Diamond Nut-Thins Products which were manufactured, advertised, or sold by Defendant Blue Diamond Growers and which (1) bore the labeling statement “All Natural” or “Natural” on any portion of the packaging other than the ingredients list; (2) contained the ingredient statement Evaporated Cane Juice; (3) contained an endorsement from the American Heart Association; and/or (4) did not specifically disclose the amount or percentage of almonds in the product.The proposed Settlement provides for payments to each eligible Class Member who submits a valid Claim Form by April 13, 2017
Who’s Eligible
Class Members of the Blue Diamond settlement include anyone who, between May 28, 2009 and Nov. 18, 2016, purchased in the United States Blue Diamond Almond Breeze and/or Blue Diamond Nut-Thins Products that bore the statement “All Natural” or “Natural” on any part of the package (other than the ingredients list); listed “evaporated cane juice” as an ingredient; contained an endorsement from the American Heart Association; and/or did not specifically disclose the amount of almonds included in the product.
Potential Award
Up to $20. The amount each claimant receives depends on the number of products purchased and if proof of purchase is provided.
Class Members who do not provide proof of purchase with their Claim Form are entitled to a payment of $1 per unit of Almond Breeze purchased up to a maximum of five units, receiving up to $5. Similarly, Class Members who do not provide proof of purchase may claim $1 per unit of Nut Thins products purchased, up to a maximum of five units, for a payment of up to $5.
Class Members who do provide proof of purchase with their Claim Form may recover $1 per unit of Almond Breeze purchased, up to a maximum of 10 units, receiving a payment of up to $10. Class Members who provide proof of purchase with their Claim Form may recover $1 per unit of Nut Thins products purchased, up to a maximum of 10 units, for a payment of up to $10.
Only one claim per household may be filed.
Proof of Purchase
None required. However, Class Members who do not submit proof of purchase will be limited to a payment of $5 (or $10 if they make a claim for five units of both Almond Breeze and Nut Thins products).
Class Members who do submit proof of purchase may make a claim for up to $10 (or $20 if they make a claim for 10 units of Almond Breeze and 10 units of Nut Thins).
Claim Form Deadline
4/13/2017
Case Name
Townsend v. Blue Diamond Growers, Case No. CV 14-958-4, in the Circuit Court of Washington County, Arkansas
Final Hearing
3/29/2017
Settlement Website
Claims Administrator
Townsend v. Blue Diamond Growers Settlement
c/o Heffler Claims Group
P.O. Box 58427
Philadelphia, PA 19102-8247
1-844-528-0184
Class Counsel
Chant Yedalian
CHANT & COMPANY
Pierce Gore
PRATT & ASSOCIATES
Defense Counsel
Lawrence M. Cirelli
HANSON BRIDGETT LLP
