Tag: ice cream
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Court Tentatively Rejects “All Natural” Ice Cream Suit Settlement
A federal court in California has issued a tentative rejection of a settlement reached in a putative class action alleging that Ben & Jerry’s Homemade Inc. falsely claims that its ice cream is all natural despite containing genetically modified ingredients. Tobin v. Conopco Inc., No. 12-5881 (N.D. Cal., notice filed April 15, 2013). The court’s…
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New Class Action Alleges Ben & Jerry’s Ice Cream Is Not “All Natural”
The day after a California court apparently refused to approve the settlement of class claims against the company that makes “All Natural Ben & Jerry’s Ice Cream,” an Illinois resident filed a putative class action against the company in a New Jersey federal court, alleging that the product contains many unnatural ingredients including those that…
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Frozen Dessert Maker Sued for Misstating Calories on Packaging and in Promotions
A California resident has filed a putative nationwide class action against a company that makes low-calorie frozen desserts, alleging that they do not, as advertised, contain just “150 calories per pint.” Michelle v. Arctic Zero, Inc., No. ___ (S.D. Cal., filed August 21, 2012). According to the complaint, Arctic Zero’s Vanilla Maple dessert “has 46%…
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Claims Narrowed in “All Natural” Suit Against Dreyer’s Grand Ice Cream
While a federal court in California has dismissed warranty claims filed under federal law against an ice cream manufacturer sued for allegedly misleading consumers by labeling its products with the phrases “All Natural Flavors” and “All Natural Ice Cream,” most of the plaintiffs’ state law-based claims will proceed. Astiana v. Dreyer’s Grand Ice Cream, Inc.,…
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Ninth Circuit Dismisses “0 Grams Trans Fat” Class Action Against Ice Cream Co.
The Ninth Circuit Court of Appeals has affirmed the dismissal of a putative class action filed against Dreyer’s Grand Ice Cream, Inc., alleging that the company misrepresented its products by labeling them as “0g Trans Fat” when they actually contain some trans fat per serving. Carrea v. Dreyer’s Grand Ice Cream, Inc., No. 11-15263 (9th Cir., decided…
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Study Likens Ice Cream Consumption to Drug Addiction
A recent study has claimed that frequent ice cream consumption parallels “the tolerance observed in drug addiction” by reducing “activation in reward-related brain regions (e.g., striatum).” Kyle Burger and Eric Stice, “Frequency ice cream consumption is associated with reduced striatal response to receipt of an ice cream-based milkshake,” American Journal of Clinical Nutrition, March 2012.…
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Judge Allows “All Natural” Ice Cream Actions to Continue
A federal judge in California has refused to dismiss proposed class actions alleging that Ben & Jerry’s and Breyers ice cream products were falsely advertised as all natural. Astiana v. Ben & Jerry’s Homemade, Inc., No. 10-4387 (N.D. Cal., decided May 26, 2011); Thurston v. Conopco, Inc., No. 10-4937 (N.D. Cal., decided May 26, 2011). Filed…
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China Uncovers More Melamine-Tainted Milk
Chinese authorities have reportedly seized more than 25 tons of melamine-tainted milk powder from Chongqing-based Jixida Food Co. Ltd., detaining three suspects on allegations that the company planned to use the adulterated ingredient in its ice cream. Found in a warehouse, the contaminated stock evidently included some powder purchased approximately one year ago, although officials…