A key complaint of a false advertising lawsuit brought against almond milk producers WhiteWave Foods and Blue Diamond has been shot down. On October 21, US district judge Victor Marrero dismissed a request from plaintiffs seeking injunctive relief—trying to get the companies to change their labeling—after claiming that imagery and slogans used by Silk and Almond Breeze mislead consumers into believing their almond milks contain more almonds than they actually do. Marrero ruled the plaintiffs had not demonstrated a likelihood of future injury, having not alleged they would purchase Silk or Almond Breeze in the future. The case remains ongoing, but despite the legal dilemmas and questions surrounding what the appropriate amount of almonds needed to satisfy consumer expectations, the popularity of almond milk and other dairy alternatives continue to soar.
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