Blue Diamond Growers beat back an appeal of a ruling that threw out a proposed class suit challenging the labeling of almond milk beverages.

Cynthia Painter alleged the products should be labeled “imitation milk” because they substitute for and resemble dairy milk but are nutritionally inferior to it.

But Painter didn’t allege a plausible claim, the U.S. Court of Appeals for the Ninth Circuit said Dec. 20 in an unpublished opinion.

Consumers wouldn’t be duped into believing that Blue Diamond’s almond milk products are nutritionally equivalent to dairy milk based on their package labels and advertising, the court said.