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Settlement Proposed in Diamond Walnuts Consumer Fraud Class Action

This is a settlement for the lawsuit.

San Francisco, CA: A notification program has begun, as ordered by the United States District Court for the Northern District of California, to purchasers of Diamond of California brand walnut products about a proposed consumer fraud class action settlement of Zeisel v. Diamond Foods, Inc., Case No. 3:10-cv-1192-JSW.

This lawsuit claims that Diamond made false and misleading statements on package labels and the company's website relating to the health benefits of walnut consumption. Diamond denies it did anything wrong, defended itself throughout the litigation and asserts that its labels and website were truthful and consistent with the law. The court has not decided who is right, and this settlement does not mean Defendant did anything wrong.

The proposed settlement includes all consumers who, for personal or household use, purchased Diamond of California brand walnuts, which include, but are not limited to, Shelled, Halves, Chopped, Finely Diced, Chips, Nut Topping, and In-the-Shell Walnuts products in the United States from March 22, 2006 through January 30, 2012. Together these people are called a "Class" or "Class Members." Purchasers who bought these walnut products for resale are not included.

Notices informing Class Members of their legal rights are scheduled to appear in national publications, leading up to a court hearing on August 24, 2012, when the court will decide whether to grant final approval of the settlement.

If approved, the Settlement will make payments to Class Members who timely submit valid Claim Forms. Those included in the Settlement may send in a claim form to ask for a payment, or they can exercise other legal rights such as asking to be excluded from, or objecting to, the settlement. The deadline to submit claims is September 7, 2012. The deadline for exclusions and objections is July 30, 2012.

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Published on Apr-9-12


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