![]() UPDATE: On July 3, I commented upon, among other things, Taylor Swift’s “new” concert tour policy and objections by photographers. The case nevertheless seems to raise bona fide questions, which over time the court will answer. Consumer-victims will be difficult to identify, and most likely will end up, if successful, with some coupons. Labeling will likely change long before a trial date is set Silk seems to already have been making changes even before this complaint was filed. If the plaintiffs win, the defendants may be forced to do some corrective advertising (one of the remedies that are demanded in the complaint). A fairly run-of-the-mill class-action case, the harm alleged – unfair practices – has already been inflicted. Manufacturers are not allowed to mislead consumers, either through literal statements or by implication. Whole milk is not labeled as "3½% percent milk." What is a consumer to do? What if the defense raises the issues such as, What is the prevalence of “2% milk?” and, What percentage of consumers believe that 2% milk only has 2% the fat content of whole milk? Of course, the truth is that whole milk is only about 3½% fat, so “2% milk” is somewhat less than half the fat content of whole milk. It appears now that this case is going to be separated, and the actions against Blue Diamond and Silk will proceed independently, perhaps in part based upon the fact that the complaint says that Silk uses allegedly similar false advertising practices on its other varieties of plant-based milk products.Įvidence will focus on consumer expectations, perhaps looking at the understanding of the average milk buyer, and if the average buyer of dairy milk is the same as the buyer of plant-based milk products. This refers to additional claims made on the Blue Diamond website.Īll of the allegations against Silk are fairly similar. Again, without drawing a conclusion, the complaint implies that the consumer will believe that a product must contain a much higher percentage of almonds than Blue Diamond is using in order to qualify as an almond-related heart-healthy food. The plaintiffs also discuss the statement that almonds are “heartfelt” heart-healthy foods. The complaint turns next to an objection to the description “made from,” which you would have to surmise that they find to imply that almonds constitute a more substantial portion of the ingredients however, that connection was never expressly alleged. The plaintiffs believe that this photograph will cause consumers to believe that a substantial percentage of ingredients for this product is almonds. There is no allegation of how many almonds you actually need to press in order to get even 2% of the container full of almond milk. What could be bit more troublesome to Blue Diamond, as the case winds its way down the road, is a graphic on the side of the carton which shows two outstretched hands, cupped together, and holding an overflowing supply of almonds. The “real almonds” claim is almost certainly literally true, but what can be found deceptive is consumers believe that it implies more than a small percentage. ![]() Close-ups of the packaging show that the label describes the product as “almond milk” and says that the product is made from “real almonds.” The complaint is full of familiar looking photographs of Almond Breeze half-gallon and individual sized containers. (They still have to prove that 2% number, by the way, but claim that UK packaging specifically identifies that 2% number.) I’m not suggesting I know that is what has been done here, but only that it makes it difficult to know what the claim is, exactly.) The real issue is this: if most almond milk “recipes” say that 35% of the ingredients should be almonds and these two brands are only using 2%, is there really harm to the consumer? This lawsuit is arguing that whatever percentage of almonds consumers are expecting, it presumably is way more than 2%. “Internet research,” to lawyers and courts, often conjures up the worst kind of sound bite-hunting. (They cite “extensive Internet research” in their lawsuit, which always should sound alarm bells.
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