Shaun Zinck Jul. 23, 2015, 8:30am


NEW YORK (Legal Newsline) - The maker of a popular brand of almond milk is being sued in federal court over accusations that the milk contains only 2 percent milk when the label says it is made primarily of almonds.

Sandy Karacsony and Tracy Albert filed the lawsuit on June 23 in the U.S. District Court for the Southern District of New York against WhiteWave Operating Company, the maker of Silk Almond Milk.

The lawsuit said the company “purposefully” mislabeled its milk product since May 2009, and has misrepresented the product to customers.

“As a result of these unfair and deceptive practices, WhiteWave has collected billions of dollars from the sale of its almond milk labeled products that they would not have otherwise earned but for its deceptive acts and practices,” the lawsuit states.

The suit claims the mislabeled milk is in violation of New York state law, and other unfair practices laws in other states.

The plaintiffs are seeking class status for those who purchased the almond milk from May 2009 through now. They also are seeking damages in excess of $5 million plus court costs.

The plaintiffs are represented by James C. Kelly of The Law Office of James C. Kelly in New York City.

U.S. District Court for the Southern District of New York case number 1:15-cv-04870

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