Blue Diamond “Smokehouse” Almonds Not Smoked Class Action

Blue Diamond offers the snack product that is the subject of this class action, Blue Diamond Almonds, Smokehouse. The complaint alleges that the product name is misleading because the almonds are not made in a smokehouse at all but have added, liquid smoke flavoring.

Two classes have been defined for this action:

• The Illinois Class is all persons in Illinois who bought the product during the applicable statutes of limitations.
• The Consumer Fraud Multi-State Class is all persons in Arkansas, Iowa, Wyoming, Texas, Nebraska, South Dakota, West Virginia, Utah, Idaho, Alaska, and Montana who bought the product during the applicable statutes of limitations.

The first page of the complaint shows the front of the package, with 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 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…”

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 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[,]’” the complaint alleges, and should not include other, similar terms which misrepresent whether the food in question was subject to smoking, such as in a smokehouse.

Page 6 of the complaint reproduces the ingredient label, which shows “Natural Hickory Smoke Flavor.”

The complaint thus claims that the term “Smokehouse” is misleading: “Though the term ‘Smokehouse’ has a small trademark designation next to it, this fails to put consumers on notice that the Product is not smoked in a smokehouse and gets its smoked taste exclusively from added smoke flavor.”

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