Blue Diamond Growers Almond Milk

December 2018: The Ninth Circuit Court of Appeals affirmed the district court’s dismissal concluding that the complaint did not plausibly allege that reasonable consumers would believe that almond milk is nutritionally the same as dairy milk. (Case No. 17-55901, 9th Cir.)

June 2017: The named plaintiff filed a Notice of Appeal regarding the dismissal of this suit.

May 2017: A federal judge dismissed this action finding that challenges to labeling claims were preempted by federal law and the complaint failed to allege that a reasonable consumer was likely to be deceived. The dismissal was with prejudice.

March 2017: This case was transferred to federal court. (Case No. 17-cv-2235, C. D. CA.)

January 2017: A class-action lawsuit was filed against Blue Diamond Growers for allegedly marketing Almond Breeze Almond Milk as nutritionally superior to dairy milk when it actually lacks essential nutrients and vitamins contained in dairy milk. The complaint also claims that Blue Diamond Growers does not label its almond milk as “imitation milk,” as required by the FDA. (Painter et al v. Blue Diamond Growers, Case No. BC647816, Superior Court of the State of California – County of Los Angeles)

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When a complaint is dismissed with prejudice, it cannot be refiled.

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