A woman files a lawsuit that targets the popular ice cream chain Cold Stone Creamery for its fake pistachio ice cream. The ice cream chain is facing legal scrutiny after a Long Island woman discovered its pistachio ice cream might not actually contain pistachios.
Jenna Marie Duncan of Farmingdale, New York, has filed a class action action against Cold Stone Creamery, professing deceptive advertising practices that mislead consumers about the contents of their ice cream.
Cold Stone Creamery's Allege Fake Pistachio Ice Cream
Jenna Marie Duncan bought what she believed to be pistachio ice cream from a Cold Stone Creamery position in Levittown, New York, in July 2022.
Like numerous other consumers, she assumed that the ice cream contained real pistachios. However, after further investigation, Duncan discovered that the product didn't contain any pistachios at all.
Instead, the ice cream was mixed with an admixture of water, ethanol, propylene glycol, natural and artificial flavors, unheroic 5, and Blue 1. This disclosure came as a shock to Duncan, who felt deceived by the company's marketing. The constituents listed on Cold Stone's website easily indicated the use of "pistachio seasoning" rather than factual nuts.
"When consumers buy pistachio ice cream, they anticipate pistachios, not a creation of reused constituents," Duncan states in her action.
The Legal Argument
Duncan's action points out that other famed ice cream brands, such as Häagen-Dazs and Ben & Jerry's, include real pistachios in their pistachio ice cream, setting a standard that Cold Stone allegedly fails to meet.
Duncan argues that if she had known the ice cream didn't contain real pistachios, she would not have bought it or would have paid significantly less for it.
The legal document also highlights that other Cold Stone flavors, such as mango, coconut, mint, orange, and adulation pecan, as well as their orange sorbet, are simply seasoned to taste like their namesake constituents without containing them. This practice, according to Duncan, is misleading and not what consumers anticipate from a decorated ice cream brand.
The defendant in this case, Kahala Franchising LLC, which owns the Cold Stone Creamery ballot along with several other food chains, has sought to dismiss the action. They argue that a comprehensive list of constituents is available online, providing transparency about what's in their products.
Duncan maintains that this information isn't adequately communicated to consumers at the point of purchase. In a significant development, a civil judge in New York has allowed the class action action to proceed.
District Court Judge Gary R. Brown wrote in his ruling that the case raises a deceptively complex question about the reasonable prospects of complainants and like-minded ice cream lovers.
Judge Brown's ruling questioned whether consumers ordering pistachio ice cream at Cold Stone's establishments should anticipate the product to contain factual pistachios. He also pondered if a lack of real pistachios should leave consumers with a bitter aftertaste.
Read Also: FDA To Propose New Front-of-Package Nutrition Labels for US Food Products to Reduce Obesity
Lawsuit's Impact on Consumers and the Ice Cream Industry
The outgrowth of this action could have far-reaching counteraccusations for the ice cream industry and beyond. However, it could prompt other food companies to rethink their marketing practices and ensure that product labeling more directly reflects the constituents used, if Duncan's action is successful.
For consumers, this action serves as a reminder to be watchful about food labeling and to seek out information about the products they buy. It also underscores the significance of holding companies responsible for their marketing practices to ensure that consumers aren't misled.
As Jenna Marie Duncan's case against Cold Stone Creamery moves forward, it'll be nearly watched by both consumers and assiduity interposers.
The resolution of this case could set a new standard for food labeling and marketing practices, ensuring that consumers get exactly what they anticipate when they make a purchase.
