Margo Clark filed a complaint against Blue Diamond Growers in the Northern District of Illinois Monday, alleging the defendant violated Illinois and federal consumer protection laws.
Blue Diamond Growers is the largest cooperative of almond growers in the world and is cited in the complaint as credited with popularizing almonds. The defendant sells a bag of almonds labelled “Blue Diamond Almonds Smokehouse®,” contrary to the label, the almonds are not made in a smokehouse.
The complaint argued that smoking is a method to prepare and preserve food by cooking it over a fire containing various woods; the drying action of the smoke flavor and preserve the cooked food. The word, “Smokehouse,” is a noun describing the physical structure and facility used to smoke food. Therefore, the consumer is likely to believe the defendant’s “Blue Diamond Almonds Smokehouse” products are smoked in a smokehouse.
The complaint also argued that consumers are more health conscious and interested in foods made through natural processes such as smoking. The complaint cites the European Food Safety Authority to establish that smoke flavoring contains compounds at levels high enough to pose a toxic risk upon consumption.
According to the complaint, the Food and Drug Administration (FDA) has repeatedly warned companies about not disclosing the source of a food’s smoked taste.
In the “Blue Diamond Almonds Smokehouse®” list of ingredients, “Natural Hickory Smoke Flavor” is listed, meaning, per the complaint, that the product is not smoked.
Specific allegations raised include violations of the State Consumer Fraud Acts, the Illinois Consumer Fraud and Deceptive Business Practices Act, Implied Warranty of Merchantability/Fitness for a Particular Purpose and Magnuson Moss Warranty Act, as well as negligent misrepresentation, fraud, and unjust enrichment.
The plaintiff seeks the following for relief: the declaration of the complaint as a proper class action, the entering preliminary and permanent injunctive relief by directing the defendant to comply with the law, the injunctive relief to remove and correct the illegal practices pursuant to the applicable laws, monetary damages, and an award of costs and expenses.
The plaintiff is represented by Sheehan & Associates, P.C.
