Consumer Wins Class Cert. In Walnut Label Suit

Law360, New York (June 8, 2011, 1:57 PM EDT) -- A California federal judge granted class certification Tuesday in a suit alleging Diamond Foods Inc. misleadingly promotes its walnuts as capable of promoting heart health, rejecting the packaged food company's contention that the named plaintiff lacked standing.

U.S. District Judge Jeffrey White ruled that plaintiff Elliot Zeisel has standing because he has shown Diamond's alleged misrepresentation played a substantial role in influencing his decision to buy the walnuts.

“Although Zeisel did in fact testify that he purchased shelled walnuts products because he thought they were a...
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