NEW YORK (Legal Newsline) – A consumer has filed a suit against the maker of a brand of vanilla almond milk over allegations the product does not contain vanilla.
Ryan Cosgrove, individually and on behalf of all others similarly situated, filed a complaint on Sept. 27 in the U.S. District Court for the Southern District of New York against Blue Diamond Growers alleging negligent misrepresentation, breach of express and implied warranty, fraud and unjust enrichment.
The plaintiff alleges he purchased the defendant’s Almond Breeze almond milk beverages, which are available in a vanilla flavor.
The suit states that the defendant’s marketing of the beverage was deceptive through its use of the word vanilla on the product display. By marketing its product as vanilla-flavored, the plaintiff alleges the defendant led consumers to believe that vanilla was an ingredient. However the suit states that the ingredient list does not include vanilla as an ingredient but "natural flavor" instead.
The plaintiff alleges he and other consumers were misled and that he would not have purchased the beverage if he had been aware of the defendant’s alleged misleading and deceptive marketing of the product.
The plaintiff is seeking trial by jury, attorneys’ fees, court costs, interest and just relief. The plaintiff is represented by Spencer Sheehan of Sheehan & Associates PC in Great Neck, New York and Michael R. Reese of Reese LLP in New York.
U.S. District Court for the Southern District of New York case number 1:19-CV-08993