Consumer accuses California grower of false advertising

By Wadi Reformado | Apr 5, 2017

LOS ANGELES (Legal Newsline) - A California consumer has filed a class action lawsuit against Blue Diamond Growers, alleging fraud and negligent misrepresentation.

Cynthia Cardarelli Painter of Long Beach filed a complaint, individually and on behalf of others similarly situated, Jan. 23 in the Superior Court of the State of California against Blue Diamond and Does 1 through 100, alleging false representations regarding their Almond Breeze products

According to the complaint, Painter suffered economic damages from being misled into purchasing a falsely advertised product that claims to be an alternative for dairy milk. The plaintiff alleges the defendants say their Almond Breeze beverages are nutritionally equivalent to dairy milk, despite lacking many of the essential nutrients and vitamins.

Painter seeks trial by jury, an order enjoining the defendants, an injunction against the defendants, compensatory, exemplary and statutory damages, interest, disgorgement of all ill-gotten profits, restitution, all legal fees, interest, and all other relief the court deems just.

She is represented by attorneys Lee A. Cirsch, Robert K. Friedl and Trisha K. Monesi of Capstone Law APC in Los Angeles.

The defendants removed the case to U.S. District Court for the Central District of California March 22.

Superior Court of the State of California Case number 2:17-cv-02235-SVW-AJW

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