Eventually the two sides came to a friendly settlement. The plaintiffs are represented by Sheehan & Associates P.C., Shub Law Firm LLC, and Reese LLP. Calf Milk Replacers, Soy Creamers, Soy Shakes, Soy Smoothies, Almond Milk, Coconut Milk. On Monday, before the settlement was filed, the plaintiffs filed a second amended class action complaint, which altered the putative class to include a nationwide class. The motion also requested for the court to approve the proposed manner for settlement notice and schedule a hearing for final approval of the settlement. The plaintiffs also asked the court to certify the settlement class and appoint class representatives and counsel.
#ALMOND BREEZE VANILLA SETTLEMENT FULL#
The memorandum reported that plaintiffs can “recover either more than full value of the inflated portion of the price of the purchases if a Settlement Class Member has Proof of Purchase, or 100% of the value of the claimed purchases if a Settlement Class Member does not possess Proof of Purchase.”īlue Diamond reportedly agreed not to oppose applications for each of the seven named plaintiffs for up to $3,571.42, based on their efforts as class representatives, or an application for a $550,000 payment for the attorneys representing the plaintiffs. Under the terms of the settlement, class members will be able to submit up to $2 million in claims based on what they individually purchased during the class period. The accompanying memorandum of law explained the terms of the settlement and argued that the court should grant preliminary approval because the settlement is fair and is the result of informed negotiations. They purported that the actual extract from vanilla beans in the products was negligible. 2, 2018, you may be able to join an almond milk recall lawsuit investigation. In the lawsuit, the plaintiffs claimed that the alleged misrepresentation caused them damage because they purchased an item they may not have otherwise purchased or paid as much for if it had been advertised more accurately. If you purchased Blue Diamond’s Vanilla Almond Breeze almond milk in one of the affected states, and it has a use-by date of Sept. ApConsumers Say Blue Diamond Vanilla Yogurt Is MislabeledĪ proposed class action filed in New York federal court on Wednesday against Blue Diamond Growers accuses the almond giant of misleading consumers by advertising its almond milk yogurt as flavored with vanilla when in reality it mostly uses other substances to flavor the product.Plaintiffs in a putative class action lawsuit alleging that Blue Diamond Growers’ almond milk and almond milk yogurt products falsely claimed to be flavored with vanilla, when the flavor did not actually come primarily from vanilla, filed a motion asking the Southern District of New York to approve a $2 million class-action settlement between the parties on Monday.ApBlue Diamond Yogurt Buyers Ink $2.6M Deal In Labeling SuitĪ proposed class of customers has urged a New York federal judge to approve a $2.6 million deal reached with Blue Diamond Growers in a suit accusing the almond giant of misleading consumers by advertising its almond milk yogurt as flavored with vanilla when in reality it is artificially flavored.Blue Diamond's $2.6M Deal Over Vanilla Gets Court's OKĪ New York federal judge has given the go-ahead to a $2.6 million settlement to end claims that Blue Diamond Growers misleads consumers by claiming its almond milk yogurt is flavored with vanilla, finding the deal is within the range of fairness and adequacy.
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