OCALA, Fla. (Legal Newsline) - A class action lawsuit alleges Blue Diamond's habanero flavored almonds lack real peppers.
Seth Henderson's lawsuit, filed May 8 in Florida federal court against Blue Diamond Growers, says the company is wrong to put habanero peppers on the front of its can while not mentioning the use of artificial flavors.
William Wright of West Palm Beach and Spencer Sheehan of New York are representing the plaintiff. They claim the malic acid in the almonds is an artificial flavor.
"By representing the product as having a 'Habanero BBQ' flavor, consumers will expect its taste will come from its characterizing ingredient of habanero chili pepper," the suit says.
"Though the ingredients list 'habanero chili pepper' as its twelfth-most predominant ingredient, this is only slightly more than 'malic acid,' listed fourteenth."
Because of the type of malic acid in the almonds, Blue Diamond was required to include "artificial" or "artificially flavored" on the can, the suit says.