Blue Diamond Growers Cheddar Cheese Nut-Thins Packaged with Too Much Empty Space, Class Action Says

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A new class action lawsuit accuses Blue Diamond Growers of misleading consumers by selling cheddar cheese-flavored almond Nut-Thins in boxes that contain more than 60 percent empty space.

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According to the 33-page proposed class action lawsuit, the snack’s packaging leads shoppers to believe they are buying a full box of crackers when, in truth, they will only get a small fraction of what is represented by the cardboard box’s size.

The suit contends the product is “misbranded” under federal and state regulations because it is deceptively packaged and sold with unacceptable levels of nonfunctional empty space, known as “slack-fill.”

Per the case, the significant amount of slack-fill is not necessary to protect the contents during packaging or shipping, nor is it caused by the product settling over time. In fact, the California-based manufacturer could easily “double or possibly triple” the number of crackers in each box, the complaint argues.

The Alabama plaintiff says she has bought the Nut-Thins—which reportedly retail for around $4.29 for a 4.25-ounce box—numerous times in the past year. The woman claims she would have paid less for the crackers, or foregone them entirely, had she known the box would contain more than 60 percent empty space.

The lawsuit looks to represent anyone in Alabama who purchased cheddar cheese-flavored almond Nut-Thins within the state during the applicable statute of limitations period and expected the box to contain more crackers than it did.

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