Judge Rejects Motion to Dismiss Almond Breeze Class Action Lawsuit

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U.S. District Judge Lucy H. Koh has rejected Blue Diamond Growers’ request to dismiss a class action lawsuit brought by plaintiff Chris Werdebaugh, who alleges the company’s “all natural” labels on its Almond Breeze almond milk products are deceptive and unlawful.

In rejecting Blue Diamond’s motion, the judge said the company’s argument that the Almond Breeze class action lawsuit should be dismissed because the claims are preempted by the Federal Food, Drug and Cosmetic Act “misses the mark.”

“As in previous food-labeling cases, the court finds that the FDCA does not preempt California Sherman Law claims based on requirements identical to FDA regulations. Werdebaugh is suing because defendant’s conduct allegedly violates California’s Sherman Law, which could have imposed the exact same regulations even if the FDCA were never passed,” Judge Koh wrote in her October 2 order.

The judge also rejected the company’s argument that the Almond Breeze class action lawsuit should be dismissed because Werdebaugh lacks constitutional and statutory standing, and denied the company’s motion to strike the plaintiff’s claim for monetary damages under the California Consumer Legal Remedies Act.

Werdebaugh filed the class action lawsuit in May 2012 on behalf of those who bought Blue Diamond almond milk products that were allegedly mislabeled. The Blue Diamond class action lawsuit says the company’s Almond Breeze and other almond milk products are represented as “all natural” despite allegedly containing chemical preservatives, synthetic chemicals, artificial colors and other artificial ingredients.

The Blue Diamond almond milk class action lawsuit also claims that “evaporated cane juice” is listed as an ingredient in the products instead of “sugar cane” or “cane syrup” is misleading. “As sugar cane is not a fruit or vegetable… any liquid or syrup derived from sugar cane cannot lawfully be identified as ‘juice’,” the class action lawsuit says. Therefore, the designation of the ingredient as “juice” instead of “sugar” “violates the FDA’s requirement that ingredients be described by their common or usual names, as established by regulation or common usage.”

Werdebaugh contends that he relied on Blue Diamond’s accuracy of labels when he purchased more than $25 worth of Blue Diamond Almond Breeze Chocolate Almond Milk, and that he “did not know, and had no reason to know that the purchased product was unlawful and misbranded.” He also said that would not have bought the product had he known the truth about its ingredients.

The Plaintiff is represented by Ben F. Pierce Gore of Pratt & Associates.

The Blue Diamond Almond Breeze Class Action Lawsuit is Chris Werdebaugh, et al. v. Blue Diamond Growers, Case No. 5:12-cv-02724, in the United States District Court for the Northern District of California, San Jose Division.

UPDATE: Judge Koh partially certified the Blue Diamond almond milk class action lawsuit on May 23, 2014.