Blue Diamond Growers manufactures, distributes, markets, labels and sells “Almond Nut-Thins” (crackers) under the “Blue Diamond Almonds” brand.
The Products’ common principal display panel representations include (i) their name, “Almond Nut-Thins,” (ii) a more specific identification as “Nut & Rice Cracker Snacks,” and (iii) vignettes of almonds. The back of the packages state “As The Almond People®, we’re pretty partial to almonds in anything, but we think you’ll agree these crispy crackers go well with almost anything.
As alleged, the Products are misleading because despite the labels naming them “Almond NutThins” and more specifically identifying them as “Nut & Rice Cracker Snacks,” they are actually rice-flour based crackers, which happen to include equivalent amounts of “almonds” as they do “potatoes.”
According to the complaint, Plaintiff believed the Almond Products were made with almonds as predominant ingredient in the same way consumers would observe wheat crackers and reasonably expect they were composed mainly of wheat. Plaintiff desired to purchase a product that was made primarily of almond ingredients and believed that the predominant ingredients was almonds or derived from almonds.