In an opinion yesterday, Judge Cronan refused to dismiss a case under New York’s consumer fraud statute alleging that the “Smokehouse” almonds (depicted below) were marketed in a misleading fashion because allegedly they are not actually prepared via smoking.

The defendant argued that “Smokehouse” refers to the flavoring only, but Judge Cronan concluded that, while a “close call,” the allegations were enough to survive the motion:
Continue Reading In “Close Call,” Judge Cronan Allows Consumer Fraud Claims to Proceed Over “Smokehouse” Branded Almonds that Are Not Actually Smoked