Class Action Says Imperial Whole Cashews Cans Hold Mostly ‘Splits and Pieces’

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A proposed class action claims Imperial Whole Cashews are deceptively marketed given that each container of the snack holds a mixture of predominately splits and pieces rather than whole cashews.

The 30-page lawsuit out of Alabama alleges Star Snacks, the maker of Imperial Whole Cashews, has intentionally misled buyers by labeling its product as “whole cashews,” with depictions of whole cashews on the package. Although consumers who view the front label reasonably expect that Imperial Whole Cashews contain full pieces of the nut, 60 percent of the container consists of cashew halves, the filing says.

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According to the case, Star Snacks has misrepresented Imperial Whole Cashews to “deceitfully compel” consumers to purchase the snack at a higher-than-normal price, even though cashew splits are “universally” recognized as inferior to whole nut. If buyers had been aware that Imperial Whole Cashews cans contained mostly split cashews, they would not have bought the snack or would have paid substantially less for it, the case asserts.

Moreover, the suit claims that Imperial Whole Cashews are considered misbranded under federal and state regulations due to the product’s false and misleading labeling. Federal regulations state that a product’s front label and ingredient list must provide an accurate statement of its contents, but nowhere on the packaging does Star Snacks disclose that Imperial Whole Cashews contain nut splits or pieces, the filing says. The suit explains that instead, the company falsely lists “cashews” as the product’s only contents.

“Under federal regulations Star Snacks is marketing a product that should have listed in the Ingredients – ‘cashews and cashew parts’ as the contents – not simply ‘cashews,’” the complaint states.

The filing adds that Star Snacks’ deceptive marketing strategy involves using a photo of whole cashews on the front label because studies show that buyers typically make their purchases based on visual cues, like pictures, over label print.

The lawsuit looks to represent anyone in the United States who purchased Imperial Whole Cashews within the past six years.

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