Blue Diamond “Smokehouse” Almonds Not Actually Smoked Class Action

Blue Diamond Growers makes bags and cans of almonds that are labeled as being “Smokehouse” almonds. But the complaint for this class action alleges that this name is misleading because the almonds are not actually made in a smokehouse but have added, liquid smoke flavoring.

Two classes have been proposed for this action:

• The Wisconsin Class is all persons in Wisconsin who bought the product during the applicable statutes of limitations.
• The Consumer Fraud Multi-State Class is all persons in Puerto Rico, the US Virgin Islands, American Samoa, Guam, and Arizona who bought the product during the applicable statutes of limitations.

The first page of the complaint shows the front of a bag and a can of the almonds, showing the words “Blue Diamond Almonds” and “Smokehouse,” with a picture of the almonds and red and orange coloring that calls up the image of fire.

Smoking is a way preparing and preserving protein-rich foods by cooking them with smoke over a fire of wood chips. Different kinds of wood add different flavors. A “smokehouse” is a place where smoking is done. When almonds are smoked in an industrial process, they are spread on a tray and placed in an enclosed structure that is also known as a “smokehouse.”

Many consumers have come to believe that natural ingredients and processes are healthier and provide better quality than synthetic or chemical ones. The complaint alleges that “consumer research company Mintel determined that the last two decades have seen a resurgence in consumer demand for foods made through natural processes, like [smoking] in a smokehouse, without advanced chemistry and synthetic ingredients.”

According to the complaint, the “European Food Safety Authority (‘EFSA’) [has] confirmed that smoke flavorings contain compounds at levels high enough to pose a toxic risk when consumed.”

The complaint refers to food regulations, saying, “Where a food’s flavor does not come exclusively from a characterizing ingredient or processing method, but contains natural flavor derived from that ingredient or processing method, this must be disclosed to consumers on the front label, in addition to on the ingredient list.”

It quotes a statement from the Food and Drug Administration (FDA) as warning, specifically, “If these smoke ingredients [natural smoke flavor] are added flavors, they should be declared … [on the front of the label]; however, if these ingredients describe the smoking process, then they must not be listed as ingredients in the ingredient statement.” The FDA has also said that a label “should not include the term ‘smoked’” or other, similar terms, the complaint alleges, which do not properly represent whether the food in question was subject to actual smoking.

Page 7 of the complaint reproduces the ingredient label, which shows “Natural Hickory Smoke Flavor.”

The complaint alleges, “Added smoke flavor is unable to make the Product taste like it was made in a smokehouse for several reasons.”

Article Type: Lawsuit
Topic: Consumer
Tags: "Smoked" Food Is Only Smoke-Flavored, Deceptive Advertising, Deceptive Labels