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    • Elliot Zeisel, on behalf of himself and all others similarly situated v. Diamond Foods Inc., a Delaware corporation

    Nov. 10, 2012
    Verdicts and settlements
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    Consumer Law
    Consumer Protection
    False Advertising

    Elliot Zeisel, on behalf of himself and all others similarly situated v. Diamond Foods Inc., a Delaware corporation

    Published: Nov. 10, 2012 | Result Date: Oct. 16, 2012 | Filing Date: Jan. 1, 1900 |
    Case number: 3:2010-cv-01192 Settlement –  $2,600,000

    Court

    USDC Northern


    Attorneys

    Plaintiff

    Michael D. Braun
    (Braun Law Group PC)

    Janet L. Spielberg
    (Law Office of Janet L. Spielberg)

    Ellen M. Doyle

    Joseph N. Kravec Jr.
    (Feinstein, Doyle, Payne & Kravec LLC)

    Maureen Davidson-Welling
    (Stember, Cohn & Davidson-Welling LLC)

    Wyatt A. Lison
    (Feinstein, Doyle, Payne & Kravec, LLC)


    Defendant

    Jeffrey S. Bosley

    Jeffrey J. Lederman

    Amanda Groves
    (Winston & Strawn LLP)


    Facts

    A lawsuit was filed against Diamond Foods Inc. for printing false and misleading statements on the labels of its edible seeds in violation of state and federal laws. The disputed labels related to misleading heart health benefits of the shelled walnut products. It claimed that the omega-3 in walnuts could help with the proper balance of fatty acids needed for promoting heart health. The U.S. Foods and Drug Administration informed Diamond that the walnuts were "misbranded" and claimed violations of the Food, Drug and Cosmetic Act. Despite the warning, Diamond still refused to remedy the labels.

    Result

    The matter was settled for $2.6 million.


    #111683

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