How many cashews should a product contain if it is called “Cashew Snack Mix”? The complaint for this class action alleges that Star Snacks Company, LLC does not put enough cashews in its Imperial Nuts Cashew Snack Mix and therefore violates state deceptive trade practice laws.
The class for this action is all persons living in the US who bought Star Snack’s Cashew Snack Mix. There is also an Alabama Subclass for those living in Alabama.
Plaintiff Gregory Lowery bought three bags of Imperial Nuts Cashew Snack Mix in July 2019 at his local Dollar Tree store in Shelby County, Alabama. The front of the bag shows the name of the product and the words, “Cashews, Peanuts, Sesame Chips” along with a picture of four cashew nuts, four peanuts, and four sesame chips.
The first item on the ingredient panel on the package back is “Cashews & Peanuts, Roasted in Cottonseed and/or Sunflower Seed and/or Canola Oil…”
However, a photo in the complaint shows the contents of a bag of Cashew Snack Mix laid out on a piece of paper. The cashews, a group of about fifteen nuts, are pushed to one side. The bulk of the contents are peanuts, with perhaps ten sesame chips scattered among them.
Lowery bought other packages of Cashew Snack Mix at the Dollar Tree store, the complaint says, “primarily to determine if said product was consistently the same … mostly peanut pieces.”
Lowery has a scale he uses to weigh old coins, so he weighed the contents of each kind of ingredient in the additional packages. According to his figures, the cashews in each 2.75-ounce bag weighed in at between .50 and .75 ounces; the peanuts weighed between 1.60 and 2.05 ounces; and the sesame chips weighed between .30 and .85 ounces.
The complaint concludes, “The said Cashew Snack Mix is deceptively marketed ostensibly as containing primarily cashews when in actuality [it] is composed of three times more peanuts than cashews and oftentimes more sesame chips by weight than cashews, with the peanuts in truth not being whole peanuts but  peanut pieces.”
The complaint names a number of ways in which the product is allegedly in violation of federal food regulations, including
The complaint claims violations of state deceptive practice laws and breach of express warranty.