Plaintiffs in a Vanilla Flavoring Lawsuit Reached Settlement with Blue Diamond Growers
On Monday, plaintiffs in a putative class action filed in the Southern District of New York requesting that the court accept a $2 million class action settlement between the parties alleging that Blue Diamond Growers’ almond milk and almond milk yogurt products falsely claimed to be flavored with vanilla.
Blue Diamond Growers
The company specializes in almonds and is a California farming cooperative and marketing company. They claim to be the world’s largest tree nut processing and marketing company, established in 1910 as the California Almond Growers Exchange.
The Class Action Lawsuit
Lauren Biegel, the lead plaintiff, filed the class action lawsuit on April 15, 2020. Later, other customers entered the suit as plaintiffs.
They argued that they were duped into believing that Blue Diamond yogurt products were flavored with natural vanilla. Nevertheless, the class action claimed that Blue Diamond misrepresented the ingredients used to make the vanilla flavoring.
The plaintiffs argued that the supposed misrepresentation caused them harm because they bought something they would not have purchased or paid for if it had been marketed more accurately. They said that the amount of vanilla bean extract in the products was insignificant.
They also filed a second amended class action lawsuit on Monday before the settlement was finalized, expanding the putative class to include a national class.
The seven consumers who filed the Blue Diamond Vanilla Class Action Lawsuit asked a federal judge in New York to approve the proposed settlement. This includes a national class of consumers with up to $10 in rebates on Blue Diamond vanilla yogurts.
According to the plaintiffs’ motion for preliminary approval of the settlement, the main thrust of the actions is that the defendant is deceiving customers by misrepresenting the source of vanilla flavoring on its product labeling.
Furthermore, the monetary payout to which qualified settlement class members would be entitled goes a long way in compensating settlement for the losses they suffered due to the defendant’s allegedly false product representations.
The settlement’s terms were outlined in the accompanying memorandum of law, which argued that the court should grant preliminary approval because the settlement is equitable and the outcome of informed negotiations.
If accepted, class members will include everyone who bought Blue Diamond Almond Breeze brand vanilla-flavored yogurt in the United States. Members of the class will submit claims for up to ten different goods.
Those that have proof of purchase can claim $1 per product, and those who don’t have proof can claim $.50 per product. Cash or check rebates may be given out as part of the class action settlement.
Blue Diamond decided not to contest applications for up to $3,571.42 in compensation for each of the seven designated plaintiffs based on their contributions as class members or a $550,000 payout for the plaintiffs’ lawyers.
The plaintiffs have requested that the court certify the class and designate class members and lawyers. The motion also asked the court to approve the new method for settlement notice and set a hearing for the settlement’s final approval.
According to the motion for preliminary approval of the settlement, class members will be informed via digital media.
A dedicated settlement page will be produced with claim forms and other documents. In addition, they would obtain more details about the settlement by calling a toll-free number.
Editor’s Note on Blue Diamond Vanilla Yogurt Class Action Settlement:
This article is published to inform you of the preliminary approval of the settlement against Blue Diamond Growers regarding their Vanilla Yogurts.
Will you join the Blue Diamond Vanilla Yogurt class action settlement if it is approved? Leave your thoughts by clicking the ‘Contact Us’ button below. We’d love to hear from you!
Case Name & No.: Lauren Biegel et al. v. Blue Diamond Growers, Case No. 7:20-cv-03032, in the U.S. District Court for the Southern District of New York
Products/Services: Blue Diamond almond milk and almond milk yogurt products
Allegations: Blue Diamond falsely claimed their products to Vanilla flavored.
(PC – Schnee)