Sarah Mirando  |  August 17, 2012

Category: Legal News

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Dreyer’s Ice Cream Class Action Lawsuit Moves Forward

By Matt O’Donnell

 

Dreyer's all-natural ice creamA class action lawsuit against Dreyer’s Grand Ice Cream has survived a motion to dismiss, allowing the Plaintiffs to pursue claims the products are mislabeled as “All Natural.”

The Plaintiffs allege in the Dreyer’s ice cream class action lawsuit that the company violated both federal and state law by misrepresenting that its ice cream (sold under the brand names Dreyer’s, Edy’s and Haagen-Dazs) contained all-natural ingredients when they did not. Some Dreyer’s and Edy’s products are blazoned with the term “All Natural Flavors,” while some Haagen-Dazs products are labeled “All Natural Ice Cream.” These terms are false and misleading, the class action lawsuit says, because the ice cream products actually contain between one and five artificial and/or synthetic ingredients.

Had the Plaintiffs known the truth about the product’s ingredients, they would not have purchased Dreyer’s Grand Ice Cream and would have purchased instead ice cream that was truly all natural, or at least a non-natural ice cream that was cheaper, the Dreyer’s class action lawsuit states.

Dreyer’s tried to dismiss the class action lawsuit based on several arguments, including that the Plaintiffs should not be able to pursue a federal claim that the ice cream was defective. Dreyer’s argued that just because a food contains artificial and/or synthetic ingredients, does not make it defective. U.S. District Judge Edward M. Chen agreed, dismissing the federal claim. He also dismissed several state law claims for false advertising except for violation of the Federal Food, Drug, and Cosmetic Act and California Health & Safety Code. Dreyer’s had argued that one of the synthetic ingredients – potassium-alkalized cocoa – was common in ice cream, something the FDA-mandated label confirmed and disclosed. Judge Chen disagreed with Dreyer’s, finding it unreasonable to expect consumers to know that an alkalizing process was common, and that the food label can’t legally correct “misleading” package statements.

A copy of the Judge Chen’s ruling in the Dreyer’s Ice Cream False Advertising Class Action Lawsuit can be read here.

The consolidated cases are Astiana, et al. v. Dreyer’s Grand Ice Cream, Inc., Case No. 11-c-2910 EMC and Rutledge-Muhs, et al v. Dreyer’s Grand Ice Cream, Inc., Case No. 11-c-3164 EMC, in the U.S. District Court, Northern District of California.

 

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Updated August 17th, 2012

 

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5 thoughts onDreyer’s Ice Cream Class Action Lawsuit Moves Forward

  1. Angelica Romero says:

    Add me

  2. Georgia White says:

    Add me

  3. Lisa Forrest says:

    They really fooled me been buying Dreyers for. Years

  4. Anonymous says:

    I purchase the Mint Haagen -Daz for my daughter all the time…sad…I guess unless you make it yourself, nothing is guranteed!

  5. Anonymous says:

    I Buy that Ice Cream all the time ..I always thought it was all natural items i am disappointed .. False Labels

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