Bloomberg Law
Dec. 16, 2014, 10:06 PM

Almond Milk Label Case Decertified;
Plaintiffs’ Damages Model Flawed

Blue Diamond Growers won decertification of a class challenging almond milk labels when the Northern District of California said the plaintiff’s damages model didn’t link the alleged harm to the contested label statements (Werdebaugh v. Blue Diamond Growers, N.D. Cal., 12-2724, 12/15/14).

Judge Lucy H. Koh of the U.S. District Court for the Northern District of California had preliminarily certified a damages class based on plaintiff Chris Werdebaugh’s representations that he would put forth evidence of damages (price premium) attributable to Blue Diamond’s use of the terms “all natural” and “evaporated cane juice” on the product labels. ...

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