A proposed class action challenging labeling on Blue Diamond Growers’ almond milk products will go forward as the U.S. District Court for the Northern District of California Oct. 2 rejected myriad arguments by the defendants in support of dismissal (Werdebaugh v. Blue Diamond Growers, 2013 BL 269941, N.D. Cal., No. 12-02724).
Chris Werdebaugh alleged, purportedly on behalf of a national class, that the labels of Blue Diamond’s Almond Breeze Chocolate Almond Milk and on additional products, were misleading. Werdebaugh himself bought only the Almond Breeze Chocolate Almond Milk, the opinion said.
He contested the use of the term ...