A proposed class action lawsuit out of New York alleges Blue Diamond Growers has unfairly and deceptively advertised its Bold Wasabi & Soy Sauce-flavored almonds in that the product does not contain real wasabi. As the 27-page lawsuit tells it, the almonds, despite being labeled and marketed as a wasabi product, are flavored instead by horseradish “to imitate the taste of wasabi.”
The complaint argues that horseradish “is not closely related to wasabi,” as the plants are not only different species but derive from a different genus altogether. Consumers in all 50 states, according to the suit, have been misled by the products’ packaging in that they’ve been deceived into believing they are purchasing a product that contains real wasabi.
“A reasonable consumer would not interpret the Product label to mean that the product contains horseradish because [the defendant’s] product label states that the Product is ‘wasabi,’ falsely communicating that it is authentic wasabi,” the lawsuit reads.