Blue Diamond Growers Almond Milk
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)
For more information about milk products, click here.
When a complaint is dismissed with prejudice, it cannot be refiled.