Star Snacks, LLC offers branded and private label nuts, dried fruit, and trail mixes. This class action concerns its Imperial Whole Cashews product, which comes in an opaque can with images of whole cashews on it. But the complaint alleges that the product does not contain all, or even a majority of, whole cashews. Instead, it says, the can contains about 40% whole cashews and 60% splits and pieces.
Two classes have been proposed for this action:
- The Alabama Class is all persons living in Alabama who bought Imperial Whole Cashews between January 13, 2016 and the present.
- The National Class is all persons living in the US who bought Imperial Whole Cashews between January 13, 2016 and the present.
Page 4 of the complaint shows an image of the product, an opaque can bearing the words “Roasted Whole Cashews” with images of whole nuts around the front, sides, and back of the can. Page 6 of the complaint shows the actual content of the can, which includes a pile of whole cashews and a larger pile of halves and pieces.
The complaint alleges, “A reasonable consumer, when shopping, is typically aware that containers of whole nuts are more preferred than partial nuts. Nut splits are likewise recognized universally as inferior to whole nuts. Cashew standards and gradation place whole cashews at the top in quality and cost, while splits are ranked next in quality and pieces toward the bottom.”
Alabama has adopted the food-related regulations in the Code of Federal Regulations (CFR) as the law in Alabama. The complaint quotes the CFR as saying, “Where a food is marketed in various optional forms (whole, slices, diced, etc.), the particular form shall be considered to be a necessary part of the statement of identity…” and “This statement of identity shall be presented in bold type on the principal display panel…”
In addition, the complaint quotes the CFR as saying, “The common or usual name of a food shall include the percentage(s) of any characterizing ingredient(s) or component(s) when the proportion of such ingredient(s) or component(s) in the food has a material bearing on price or consumer acceptance or when the labeling or the appearance of the food may otherwise create an erroneous impression that such ingredient(s) or component(s) is present in an amount greater than is actually the case.”
The complaint alleges that the product is misbranded because the name and images of the product “deceptively misrepresent[] the contents as solely whole cashews.”
Article Type: LawsuitTopic: Consumer
Most Recent Case Event
Imperial Whole Cashews Product Has Mostly Splits and Pieces Complaint
January 13, 2023
Star Snacks, LLC offers branded and private label nuts, dried fruit, and trail mixes. This class action concerns its Imperial Whole Cashews product, which comes in an opaque can with images of whole cashews on it. But the complaint alleges that the product does not contain all, or even a majority of, whole cashews. Instead, it says, the can contains about 40% whole cashews and 60% splits and pieces.
Imperial Whole Cashews Product Has Mostly Splits and Pieces ComplaintCase Event History
Imperial Whole Cashews Product Has Mostly Splits and Pieces Complaint
January 13, 2023
Star Snacks, LLC offers branded and private label nuts, dried fruit, and trail mixes. This class action concerns its Imperial Whole Cashews product, which comes in an opaque can with images of whole cashews on it. But the complaint alleges that the product does not contain all, or even a majority of, whole cashews. Instead, it says, the can contains about 40% whole cashews and 60% splits and pieces.
Imperial Whole Cashews Product Has Mostly Splits and Pieces Complaint