Food & Beverage Litigation & Regulatory Update

Tag: ice cream

  • First Lawsuit Filed in Blue Bell Listeria Contamination

    Amid ongoing recalls of Blue Bell Creameries’ ice cream products, a plaintiff has filed a lawsuit alleging that the company is liable for his severe listeriosis infection he says stems from the consumption of several varieties of contaminated products. Shockley v. Blue Bell Creameries Inc., No. 15-425 (W.D. Tex., filed May 19, 2015). The plaintiff…

  • Breyers “All Natural” Putative Class Action Dropped

    A putative class action alleging that Conopco Inc., a subsidiary of Unilever United States, mislabeled Breyers ice cream as “all natural” has been voluntarily dismissed with prejudice. Jefferson v. Conopco, No. L-7025-14 (Super. Ct. N.J., Bergen Cty., stipulation of voluntary dismissal filed December 1, 2014). The plaintiff alleged that Breyers’ use of cocoa processed with…

  • Fox Escapes D’Lites Ice Cream Libel Suit

    A New York state court has granted a motion for summary judgment and dismissed libel claims filed against Fox Television Stations Inc. by a D’Lites ice cream seller. Prince v. Fox Television Stations Inc., No. 107129/2011 (N.Y. S. Ct., order entered May 6, 2014). Matthew Prince filed a libel suit against Fox after a local…

  • Mister Softee Files Motion for Injunction Against Master Softee

    Ice cream truck franchiser Mister Softee Inc. has filed a motion for a preliminary injunction in a lawsuit alleging trademark infringement and violation of a non-compete covenant against former franchisee Dimitrios Tsirkos, who converted his 16 Mister Softee trucks to Master Softee trucks and began selling his own ice cream out of them at the…

  • Court Denies Class Cert. in Ben & Jerry’s “All Natural” Suit

    A federal court in California has denied the plaintiff’s motion for class certification in a suit alleging that Ben & Jerry’s Homemade deceives consumers by using “all natural” on labels for ice cream, frozen yogurt and popsicle products that contain alkalized cocoa. Astiana v. Ben & Jerry’s Homemade, Inc., No. 10-4387 (N.D. Cal., decided January…

  • Suit Filed in Israeli Court Against McDonald’s

    Mafrash Attias has reportedly filed a putative class action against McDonald Israel alleging that the company cheats consumers by putting less ice cream into its ice cream cups. According to the complaint, Attias found that the contents of two sizes of the company’s “Ice Blast” product, with an NIS 2 shekel price (US 50 cents)…

  • Court Dismisses Claims About Inaccurate Calorie Counts

    A federal court has dismissed without prejudice the first amended complaint filed in a putative class action alleging that Weight Watchers International misleads consumers by misrepresenting the number of calories in its line of diet ice cream bars. Burke v. Weight Watchers Int’l, Inc., No. 12-6742 (D.N.J., decided October 17, 2013). While the court held…

  • Texas Ice Cream Business Brings Trademark Infringement Case Against Amy’s Kitchen

    Austin-based Amy’s Ice Creams has reportedly filed a trademark infringement lawsuit in a federal district court against Amy’s Kitchen, which makes frozen lunch and dinner entrées with organic and non-genetically modified ingredients. While the two companies have apparently co existed without difficulty for more than 20 years, Amy’s Ice Creams, now with 15 shops throughout…