Tag: ice cream
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Class Action Challenging “All Natural” Designation for Ice Cream Transferred
Relying on the first-to-file rule, a federal court in New Jersey has transferred a putative class action alleging false advertising for a Breyers ice cream product to a federal court in California that is considering similar litigation. Catanese v. Unilever d/b/a/ Breyers, No. 10-5755 (D.N.J., decided March 28, 2011). The plaintiffs in a number of cases…
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Baby Gaga Ice Cream Deemed Fit for Consumption; Lady Gaga Threatens Lawsuit
The London shop that sells ice cream made with donated breast milk has reportedly been cleared to continue selling the product after government tests determined it was fit for human consumption. Additional details about the investigation into Baby Gaga ice cream appear in Issue 384 of this Update. The owner of Icecreamists, the store that…
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UK’s FSA Investigates Safety of Ice Cream Made with Breast Milk
The United Kingdom’s Food Standards Agency (FSA) has reportedly launched an investigation to determine if a brand of ice cream made with donated breast milk has violated food safety regulations. Launched recently by a London-area restaurant, Baby Gaga ice cream was evidently pulled by the Westminster City Council after several complaints were lodged about whether…
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Putative Class Alleges Breyers “All Natural” Ice Cream Contains Non-Natural Cocoa
A California resident has filed a putative class action against the company that owns the Breyers ice cream brand, alleging violations of consumer protection laws because its 23 chocolate-flavored products are labeled “All Natural” but also contain cocoa processed with alkali. Denmon-Clark v. Conopco, Inc., No. 10-7898 (C.D. Cal., filed October 20, 2010). According to the complaint,…
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Ice Cream Consumers Agree to Settle Fraudulent Labeling Claims
A federal court in New Jersey has issued a preliminary order granting certification of a nationwide class for settlement purposes in litigation against Unilever U.S., Inc., alleging that reduced-calorie labels for its Breyers Smooth & Dreamy Ice Cream® violated consumer fraud law. Ercoline v. Unilever U.S., Inc., No. 10-01747 (D.N.J., order filed October 4, 2010). The…
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Ben & Jerry’s Agrees to Discontinue “All Natural” Claims; Litigation Ensues
Two days after the Center for Science in the Public Interest (CSPI) announced that Ben & Jerry’s had agreed to phase out claims that its ice creams and frozen yogurts were “All Natural,” when some product ingredients are processed, a putative class action was filed in a California federal court against the company seeking money…
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CSPI Screams over Ben & Jerry’s Ice Cream
The Center for Science in the Public Interest (CSPI) has issued an August 12, 2010, statement and letter lambasting Ben & Jerry’s “All Natural” ice cream and frozen yogurt for allegedly containing “alkalized cocoa, corn syrup, partially hydrogenated soybean oil, or other ingredients that either don’t exist in nature or that have been chemically modified.”…
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Class Action Filed Against FDA-Targeted Companies over “0g Trans Fat” Claim
A New York resident has filed a false-advertising class action in a California federal court against the companies that make certain ice cream products labeled with the statement “0g trans fat.” Carrea v. Dreyer’s Grand Ice Cream, No. 10-1044 (N.D. Cal., filed March 11, 2010). Seeking to certify a nationwide class of ice cream purchasers,…