Jul 31, 2014
Third Circuit Decision – The Third Circuit Court of Appeals Revives Borrower Class Action in the U.S. District
Elliot Zeisel v. Diamond Foods, Inc., Case No. 3:10-cv-01192-JSW
United States District Court for the Northern District of California
California walnut company Diamond Foods, Inc. (NASDAQ:DMND) paid $2.6 million to settle a class action lawsuit accusing it of false advertising. The lawsuit claimed that Diamond misbranded its walnut products by making false and misleading statements on package labels and the company’s website relating to the health benefits of walnut consumption. Diamond disputed that the language it used to promote its walnuts was unlawful, but agreed to discontinue the “heart health” claims on its packaging and similar claims on its website.
As a part of the Diamond Foods walnut class action settlement, the company agreed to pay consumers $8.25 for each 3-pound bag of Diamond of California walnuts purchased at Sam’s Club and $3.25 for any other Diamond of California walnut product purchased between March 22, 2006 and January 30, 2012. A consumer was able to claim up to 24 total bags.
Details about the Diamond Foods walnut class action settlement were posted at www.WalnutLabelingSettlement.com.
Deadline to exclude yourself: Postmarked by July 30, 2012
Deadline to object: Postmarked by July 30, 2012
Deadline for filing a claim: Postmarked by September 7, 2012
Deadline to file a Notice of Intent to Appear: Postmarked by July 30, 2012
Final Approval Hearing: October 12, 2012 at 9:00 a.m. (Pacific)
The Diamond Foods walnut class action settlement was approved by the Honorable Jeffrey S. White, U.S. District Judge for the Northern District of California on October 16, 2012 (Order Approving Settlement).
Diamond Class Notice
Diamond Approval Order