Townsend v. Blue Diamond Growers Settlement

Circuit Court of Washington County, Arkansas Case No. CV 14-958-4


If you purchased certain Blue Diamond’s Products in the United States, you may be entitled to a cash benefit as part of a proposed class action settlement.

  • A lawsuit was brought against Blue Diamond Growers claiming that the packaging and advertising of certain Blue Diamond Growers Almond Breeze and Nut Thins Products was inaccurate in that it led purchasers to believe that the Products were “All Natural” or “Natural”, when in fact they included one or more synthetic ingredients. The lawsuit also challenged Blue Diamond Growers’ use of the ingredient statement “evaporated cane juice” and the use of the American Heart Association’s “heart check-mark” symbol on certain of its Almond Breeze Products. The lawsuit also claimed that Blue Diamond Growers’ Almond Breeze products were misleadingly advertised as containing a significant amount of almonds and as being heart healthy. Blue Diamond Growers’ stands by its advertising and denies it did anything wrong.
  • The Court has certified the lawsuit as a class action for settlement purposes. The certified class includes all persons who purchased in the United States, from May 28, 2009 up to and including November 18, 2016, Blue Diamond Almond Breeze and/or Blue Diamond Nut-Thins Products which were manufactured, advertised, or sold by Defendant Blue Diamond Growers and which (1) bore the labeling statement “All Natural” or “Natural” on any portion of the packaging other than the ingredients list; (2) contained the ingredient statement Evaporated Cane Juice; (3) contained an endorsement from the American Heart Association; and/or (4) did not specifically disclose the amount or percentage of almonds in the product.
  • The proposed Settlement provides for payments to each eligible Class Member who submits a valid Claim Form by April 13, 2017
  • Your legal rights are affected whether you act or don’t act.

Your Legal Rights and Options:

Submit a Claim:  The only way to receive a payment under the Settlement is to submit a valid Claim Form on or before April 13, 2017.  The Claim Form must be submitted online through this website, or mailed with a postmark date of April 13, 2017. The Claim Form can be found on the website under Submit Claim or in the Important Documents.

Exclude Yourself:  You have the right to ask to be excluded from the Settlement.  If you do so, you will not be entitled to any payment under the Settlement, but you may pursue your own lawsuit against Blue Diamond if you so choose.

Object/Request to Appear: You may write to the Court and say why you don't like the Settlement and/or request permission to speak at the fairness hearing. You may do this only if you don't exclude yourself from the Settlement.

Do Nothing: If you do  nothing, you will not receive payment and you will be bound by the Court's Orders and Judgement and give up your right to sue Blue Diamond and certain other persons and entities about the legal claims resolved by the Settlement

  • This is only a summary. Your rights and options, and the deadlines to exercise them are explained in the Notice.
  • Your legal rights are affected whether you act or do not act. Please read the Notice carefully.




This website is authorized by the Court, supervised by counsel and controlled by Heffler Claims Group, the Class Action Settlement Administrator approved by the Court. This is the only authorized website for this case.

For more information please call 1-844-528-0184

Documents

Please read for a full explanation of the settlement and your options and all applicable timelines.

Click Here »

Contact

Contact us with any inquiries, comments, and/or requests.

Click Here »

Submit Claim

Click here to safely and securely submit a Claim Form.

Click Here »

Important Dates

  • Exclusion Deadline

    Thursday, March 2, 2017 Post-Marked
  • Objection Deadline

    Thursday, March 2, 2017 Post-Marked
  • Claim Form Filing Deadline

    Thursday, April 13, 2017 Online and Post-Marked
  • Final Approval Hearing

    Wednesday, March 29, 2017

Important Documents


Copyright © 2017 Heffler Claims Group - All Rights Reserved. This site designed and developed by. Heffler Claims Group - Privacy Policy