A federal judge has approved a $2.6 million settlement of a lawsuit against Blue Diamond Growers over its use of the word “vanilla” for almond milk yogurt.
The class-action lawsuit, filed by seven consumers in New York state, charged that Blue Diamond was misleading purchasers of its Almond Breeze yogurt by saying it is flavored with vanilla. The settlement will give consumers with proof of purchase coupons for a dollar off the product; without proof of purchase, 50 cents.
The use of “vanilla” as a descriptor has been litigated repeatedly. The lawsuits usually center on whether the use of vanilla flavoring, especially artificial flavoring, is deceptive in products that don’t use actual vanilla beans. According to the Wall Street Journal, more than 100 such lawsuits have been filed in the last few years.
