New York shoppers who bought Blue Diamond Smokehouse Almonds since November 2023 may be covered by a proposed class action alleging Blue Diamond Growers named the almonds “Smokehouse” even though their smoky taste comes from added hickory smoke flavor rather than wood smoking. No class has been certified and there is nothing to file yet.
Allegations Only · No Settlement Yet
This article describes a class action complaint. The statements below are unproven allegations. Blue Diamond Growers has not been found liable, there is no certified class, and nothing to claim at this time. This page is informational and is not legal advice.
What Is This About?
Blue Diamond Growers, the Sacramento, California, almond cooperative, was sued on November 13, 2026, in a proposed class action in the U.S. District Court for the Eastern District of New York, Lopez v. Blue Diamond Growers, No. 1:26-cv-07342. The plaintiff, a Staten Island resident, alleges that the name “Smokehouse Almonds,” printed across a red, fire-colored ribbon on the package, leads buyers to believe the almonds were smoked over burning hardwood.According to the complaint, the ingredient list on the back shows the smoky taste comes from added “Natural Hickory Smoke Flavor,” and the front of the package, at least in the versions the suit targets, says nothing else about where the flavor comes from. Blue Diamond has not yet responded in court, and no judge has ruled.
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What Does the Complaint Allege?
The complaint relies on dictionary definitions of a smokehouse as a building where food is cured or flavored with smoke from burning wood. It alleges that public information about Blue Diamond’s main facilities in Sacramento, Salida and Turlock, California, shows no sign of smoking equipment, such as environmental permits for smoke chambers, and that available photographs show no smoke chambers or exhaust systems. Those are the plaintiff’s inferences from outside the plants; the complaint acknowledges that the company’s internal operations are not public.The complaint points to FDA warning letters to other companies and to federal and state labeling rules it says require a smoke-flavored food’s name to be qualified, for example as “Smokehouse Flavored Almonds.” It notes that competing almonds are labeled “Hickory Smoke Flavored” or “Naturally Flavored,” and that some smaller brands sell wood-smoked almonds. It also cites a European Food Safety Authority opinion raising safety concerns about some smoke flavorings as a reason buyers may prefer true smoking.
Has the Packaging Changed?
The complaint says Blue Diamond recently began adding “Naturally Flavored” to the front of the packaging, but that the older packages without that wording were still being sold, citing a photo it says was taken at a CVS store on November 10, 2026. The claims focus on units sold in New York without the “Naturally Flavored” statement.Who Would Be in the Class?
The complaint proposes a class of everyone who bought the Smokehouse Almonds in any variety, size or form in New York for personal or household use from November 13, 2023 to the present. It brings claims under New York General Business Law sections 349 and 350 and seeks the greater of actual damages or what it calls $550 per unit in statutory damages, along with punitive damages and attorneys’ fees. It cites an economist hired by the plaintiff who estimates that the labeling let Blue Diamond charge about 12 percent more.What Happens Next?
Blue Diamond will be served and will respond, often with a motion to dismiss in food-labeling cases. Any payment would come only from a later settlement or judgment approved by the court; there is no claim form, settlement or deadline now.Questions
What does the Blue Diamond Smokehouse lawsuit claim?
The complaint alleges that the name “Smokehouse Almonds,” with no other front-label statement about where the smoky taste comes from, leads buyers to expect almonds smoked over hardwood, when the ingredient list shows the taste comes from added “Natural Hickory Smoke Flavor.” It alleges that this violates New York consumer protection law. Blue Diamond has not responded in court.
Do newer Blue Diamond Smokehouse packages say “Naturally Flavored”?
The complaint says Blue Diamond recently added the words “Naturally Flavored” to the front of the packaging, but that packages without that wording were still on store shelves, citing a photo it says was taken at a CVS store on November 10, 2026. The case focuses on units sold without the “Naturally Flavored” statement.
Who would be in the Blue Diamond class?
The complaint proposes a class of everyone who bought the Smokehouse Almonds in any variety or size in New York for personal or household use from November 13, 2023 to the present. It does not propose a nationwide class.
Is there a Blue Diamond Smokehouse Almonds settlement to claim?
No. The lawsuit was filed November 13, 2026, no class has been certified and there is no settlement, claim form or deadline.
Sources
- Class Action Complaint and docket, Lopez v. Blue Diamond Growers, No. 1:26-cv-07342 (E.D.N.Y., filed Nov. 13, 2026)
