Family Dollar Class Action Lawsuit Over Their Eatz Almonds
Family Dollar asserts that their Eatz Smoked Almonds are smokey, but a recently filed class action lawsuit claims this to be false and deceiving.
Heather Rudy et al., v. Family Dollar Stores
Plaintiff Heather Rudy filed a class action lawsuit against Family Dollar, Inc. in an Illinois federal court on Monday, alleging the retailer violated numerous state and federal laws selling Eatz Smoked Almonds.
Rudy claims she purchased the almonds on multiple occasions from an Illinois Family Dollar this year. She expected them to be smoked due to the label reading “Smoked Almonds” and the red packaging evocative of fire.
In addition, Eatz Smoked Almonds’ front label contains no qualifiers such as:
- “Smoke Flavor”
- “Smoke Flavored”
- “Natural smoke flavor,” or
- “Artificial smoke flavor”
Plaintiff believed that the almonds would have been exposed to more than a minimal amount of smoking. However, she later found that the almonds had never been smoked.
The class action states that Rudy anticipated any smoke flavor would solely be derived through smoking. She desired more than a smokey flavor, a sufficiently smoked product to eliminate the need for extra flavoring.
Rudy has filed a class action lawsuit against Family Dollar, Inc., alleging of the following:
- Violations of the Illinois Consumer Fraud and Deceptive Business Practices Act
- Negligent misrepresentation
- Breach of warranty
- Unjust enrichment
She wishes to represent anyone who purchased Eatz Smoked Almonds at Family Dollar in these states:
- New Mexico
- North Carolina
According to Rudy, people prefer naturally flavored food rather than those seasoned with artificial flavoring. The product’s front label states “Smoked Almonds” and makes no mention of any added natural smoke flavor; she asserts that customers will reasonably anticipate the product to possess a significant degree of its smoked flavor due to the smoking process.
The plaintiff added that the FDA had issued warnings to businesses that fail to appropriately advise customers about items that are not smoked—but have been artificially flavored.
In addition, she states that if the food’s flavor does not come from the specified ingredients—but from the process in which it is made—this must be included in the front label and the ingredient list. The almonds’ ingredient list indicates “natural smoke flavor,” which she describes as smoke condensed into a liquid form.
As a result, the class action alleges, the value of the product purchased by the Class was less than what Family Dollar advertised.
Rudy is seeking class certification, an injunction prohibiting Family Dollar from continuing the alleged fraudulent advertising, damages, expenses, and attorneys’ fees, as well as a jury trial.
In August of last year, a New York customer sued Family Dollar for misleading customers about the smoked almonds, alleging violations of the state’s General Business Law.
Editor’s Note on Family Dollar Eatz Smoked Almonds Class Action Lawsuit 2021:
This article is written to inform you of a class action lawsuit against Family Dollar’s alleged fraudulent advertisement of Eatz Smoked Almonds.
Case Name & No.: Heather Rudy et al., v. Family Dollar Stores, Inc., Case No. 1:21-cv-03575
Jurisdiction: U.S. District Court Northern District of Illinois
Products/Services: Family Dollar’s Eatz Smoked Almonds
Allegations: Alleged violations of the Illinois Consumer Fraud and Deceptive Business Practices Act
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