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Breyers All Natural Ice Cream Class Action Settlement

By Mike Holter

 

Breyers All Natural Ice CreamBreyers has reached a class action lawsuit settlement over claims it’s “All Natural” ice cream contains processed ingredients. If you purchased Breyers All Natural Original Ice Cream or Breyers Smooth & Dreamy ½ Fat All Natural Ice Cream in the last eight years, you may be entitled to receive a cash payment from the class action settlement. But hurry – the deadline to submit a claim is August 30, 2012.

The Breyers ice cream settlement will resolve a class action lawsuit, entitled Thurston, et al. v. Conopco, Inc., d/b/a Unilever, that alleges Unilever misrepresented its Breyers brand ice cream products as being “All Natural” despite the fact they contain alkalized cocoa, a non-natural processed ingredient that additionally contains potassium carbonate, a man-made synthetic ingredient. Unilever denies any wrongdoing, but has agreed to provide $2.5 million in restitution as part of a class action lawsuit settlement to resolve the litigation.


Class Members of the Breyers ice cream class action settlement include U.S. residents who purchased Breyers All Natural Original Ice Cream or Breyers Smooth & Dreamy ½ Fat All Natural Ice Cream containing alkalized cocoa between November 4, 2004 and March 30, 2012, including:

All Natural Original Ice Cream Flavors: Black Raspberry Chocolate, Chocolate Chip Cookie Dough, Chocolate Chip, Chocolate Cookies & Cream, Extra Creamy Chocolate, Mint Chocolate Chip, NASCAR Checkered Flag Vanilla & Chocolate, Rocky Road, Triple Chocolate, Vanilla, Chocolate, Vanilla Fudge Brownie, Vanilla Fudge Twirl, Vanilla, Chocolate, and Strawberry; AND the following Smooth & Dreamy 1/2 Fat All Natural Ice Cream flavors: Caramel Tracks, Chocolate Chocolate Chip, Coffee Fudge Brownie, Cookies & Cream, Creamy Chocolate, Dark Chocolate Velvet, Mint Chocolate Chip, Rocky Road, and Vanilla Chocolate Strawberry.

As a Class Member, you’re entitled to receive restitution in the amount of $2 per unit of Breyers ice cream product you purchased, up to and including 3 units, without submitting proof of purchase. Class Members who claim more than 3 units of ice cream must submit proof of purchase, such as a receipt or container label.

The only way to receive a cash payment from the Breyers class action settlement is to submit a claim form by mail postmarked on or before August 30, 2012.

Claim forms can be downloaded from the Settlement Administrator’s website: www.IceCreamSettlement.com.

A Final Fairness Hearing will be held September 12, 2012.

More information on your rights in the Breyers All Natural Ice Cream Class Action Settlement can be found at www.IceCreamSettlement.com.

 

 

UPDATE 9/5/2012

 

I'm VERY sorry this was posted RIGHT BEFORE IT ENDED. We weren't informed of the settlement until two days before it closed. We rushed to get it up so our viewers who are friends with us on Facebook or hit the site daily could get in, but, it shouldn't have gone in the newsletter. This was my fault. I thought I removed it from the newsletter. I obviously didn't. Part of the problem is that we aren't included in the notice plan for 99% of the settlements we post. We do it as a service for a our viewers and aren't paid for it. The attorneys in this case:

 

Joseph N. Kravec, Jr., Esq.

STEMBER FEINSTEIN DOYLE PAYNE & KRAVEC, LLC

429 Forbes Avenue 17th Floor

Pittsburgh, Pennsylvania 15219

(412) 281-8400

(888) 355-1735

 

Janet Lindner Spielberg

LAW OFFICE OF JANET LINDNER SPIELBERG

12400 Wilshire Blvd., Ste 400

Los Angeles, CA 90025

(310) 392-8801 ‎

 

Michael D. Braun

BRAUN LAW GROUP, P.C.

10680 W. Pico Blvd., Suite 280

Los Angeles, CA 90064

(310) 836-6000

 

James S. Notis

GARDY & NOTIS, LLP

560 Sylvan Avenue

Englewood Cliffs, New Jersey 07632

(201) 567-7377

 

did NOT email Top Class Actions or tell us in any way about it. They also didn't include us in the notice plan, which makes sure that 1. we get paid to list it (we charge about 1/10 of what it costs to list the settlement in a nationwide newspaper and obviously have a much larger impact) and 2. that would have given you, the viewers, at least 30 days to submit a claim, if not more. If you're upset about this, I would encourage you to contact their offices and let them know. They control who is told, and how they are told, for the settlements they negotiate. Top Class Actions strives to make sure that our viewers get to see, and submit valid claims, for as many settlements as possible. Unfortunately, when law firms don't inform us of the settlements we're stuck digging through press releases and court records to find them ourselves. It's terribly inefficient and we're working to improve that. Call them and let them know THEY NEED TO LIST THEIR SETTLEMENTS ON TOP CLASS ACTIONS! YOU are the voices that can make a difference. YOU are the ones they will listen to. I can tell them until I'm blue in the face that they need to list the settlement on TCA, but, unless their phones are ringing off the hook they won't "get" it. Thanks for your support! I will do everything I can to make sure this doesn't happen again!

 

Warm Regards,

Scott

 

Scott Hardy

President of Top Class Actions 

 

 

Updated September 5th, 2012

 

All class action and lawsuit news updates are listed in the Lawsuit News section of Top Class Actions.

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Last Updated on Thursday, 27 December 2012 11:09

Comments   

 
#45 Barbara 2012-09-13 14:02
Well i guess we should all pick up the phone and call those attorneys and tell them what we think about their sneakiness. We get it when the deadline has already passed. Does the money go to charity??? I dont think so. Does anybody know??
 
 
#44 Ken 2012-09-09 16:00
stuff happens. Just think of ALL the class actions you got. Ken
 
 
#43 walt 2012-09-05 23:29
I have mailed papers late and received a check from stock classactions.
 
 
#42 Martha 2012-09-05 13:38
Everyone. I have been disgusted over Breyer's so called Natural Ice-cream for years. Ok, I'm also upset I missed the class action which is also a rip off because Breyer's charges a lot more for their crap than $2.00!!!! So here it is; BOYCOTT BREYERS!!!!!!!! !!!!!!!!!!!!!!! ! TURKEY HILL ICE CREAM MAKES REAL NATURAL DELIGHTNESS!!! Cream, milk, natural flavor and sugar. The only ingredients. Th ey make the All Natural in basic flavors. Chocolate, Vanilla, Coffee and maybe one or two more. They also produce ice-creams that aren't all natural, so look for the label on the top that indicates 100%, and read the ingredients. Yo u'll never want another brand again, I assure you. Certainly not Breyers "All natural!"
 
 
#41 Marian 2012-09-05 13:34
Pretty sly of their attorneys! Good job :( Fortunately, the money goes to charity, right?
 
 
#40 tanner wells 2012-09-05 12:40
maybe we should file another classaction against this crass action
 
 
#39 Scott Hardy 2012-09-05 12:07
Laura and Everyone, I'm VERY sorry this was posted RIGHT BEFORE IT ENDED. We weren't informed of the settlement until two days before it closed. We rushed to get it up so our viewers who are friends with us on Facebook or hit the site daily could get in, but, it shouldn't have gone in the newsletter. This was my fault. I thought I removed it from the newsletter. I obviously didn't. Part of the problem is that we aren't included in the notice plan for 99% of the settlements we post. We do it as a service for a our viewers and aren't paid for it. If the attorneys in this case: Joseph N. Kravec, Jr., Esq. STEMBER FEINSTEIN DOYLE PAYNE & KRAVEC, LLC 429 Forbes Avenue 17th Floor Pittsburg h, Pennsylvania 15219 (412) 281-8400 (888) 355-1735 Janet Lindner Spielberg LAW OFFICE OF JANET LINDNER SPIELBERG 12400 Wilshire Blvd., Ste 400 Los Angeles, CA 90025 (310) 392-8801 ‎ Michael D. Braun BRAUN LAW GROUP, P.C. 10680 W. Pico Blvd., Suite 280 Los Angeles, CA 90064 310-836-6 000 James S. Notis GARDY & NOTIS, LLP 560 Sylvan Avenue Englewoo d Cliffs, New Jersey 07632 201-567-7 377 did NOT email Top Class Actions or tell us in any way about it. They also didn't include us in the notice plan, which makes sure that 1. we get paid to list it (we charge about 1/10 of what it costs to list the settlement in a nationwide newspaper and obviously have a much larger impact) and 2. that would have given you, the viewers, at least 30 days to submit a claim, if not more. If you're upset about this, I would encourage you to contact their offices and let them know. They control who is told, and how they are told, for the settlements they negotiate. Top Class Actions strives to make sure that our viewers get to see, and submit valid claims, for as many settlements as possible. Unfortunately, when law firms don't inform us of the settlements we're stuck digging through press releases and court records to find them ourselves. It's terribly inefficient and we're working to improve that. Call them and let them know THEY NEED TO LIST THEIR SETTLEMENTS ON TOP CLASS ACTIONS! YOU are the voices that can make a difference. YOU are the ones they will listen to. I can tell them until I'm blue in the face that they need to list the settlement on TCA, but, unless their phones are ringing off the hook they won't "get" it. Thanks for your support! I will do everything I can to make sure this doesn't happen again! Warm Regards, Scott Scott Hardy President of Top Class Actions
 
 
#38 Laura 2012-09-04 19:36
Sorry, I meant to type Scott Hardy.
 
 
#37 Laura 2012-09-04 19:35
How come there isn't any comment from John Hardy?
 
 
#36 JAMES 2012-09-04 08:55
Why did you wait so long to publish this[Past date of filing]and why are you not providing answer to this question?You are usually so timely and diligent.
 
 
#35 deb 2012-09-04 07:20
I also would like to know why expired before notified ?
 
 
#34 bryan 2012-09-04 03:57
Like all the others, i just received this email Sept 3, 2012. I follow the newsletters faithfully too and no mention of Breyers before now!
 
 
#33 abigail 2012-09-04 01:35
I am effected by this settlement, I received the e-mail on 09/03/12 and the deadline date to summit a claim was 08/30/12, was this an error? if so; when can I summit a claim
 
 
#32 Deborah BeCraft 2012-09-04 00:53
this is sad. hope this is a mis-print. i have bought Bryers since in the 70's. Was the best icecream ever made unless it was made at home. just got this notice today.....timin g sucks
 
 
#31 Sue 2012-09-03 21:51
It's too late to submit a claim, as well as to complain about the terms of settlement. That latter deadline was August 15.
 
 
#30 SYLVIA 2012-09-03 21:48
JUST RECEIVED EMAIL TODAY.
 
 
#29 Charlotte 2012-09-03 21:02
I too, just received this e-mail and I'm a faithful follower of this website/newslet ter. We've purchased nothing BUT Breyers All Natural through the years and now we can't even recoup any of our expense! What's the deal with this?
 
 
#28 Ri hard 2012-09-03 19:40
This Breyers settlement if correct is a win win for the company and lawyers as we are all shut out
 
 
#27 Jeff Myers 2012-09-03 18:41
I'm with all the above!!!!
 
 
#26 Julius Farrar 2012-09-03 17:27
Just received this, how can i claim, when the due date has already occurred/passed . Is this reasonable or right?
 
 
#25 DeeDee 2012-09-03 17:20
Received email on 9-3-12 ... Looks to be a little late for the deadline 8-30-12 ... What's up with that ???
 
 
#24 Saundra O 2012-09-03 17:14
Just recieved 9/3/2012 when deadline was 8/30/2012. Why was this sent so late?
 
 
#23 kathy 2012-09-03 16:30
You are usually right on top of dates/filings. What happened this time?
 
 
#22 gopal chakravarthy 2012-09-03 16:25
I've spent 100's on breyer's and now realize that its not genuine. I GOT THIS NOTICE SEP 3. THE DEADLINE IS PAST. PLEASE EXTEND THE DEADLINE. I AM VERY VERY DISAPPOINTED,
 
 
#21 Lou 2012-09-03 16:14
I just received this email on September 3, 2012. I'm also a party of this lawsuit. The deadline to file a claim was August 30th. Was that an error and can we still file? If not, any reason why it was posted after the due date?. I have been buying bryers for years and noticed that it taste different. We need to be mindful of the foods we eat that all of sudden don't taste the same. We just don't know what there putting in the ingrediants and substituting. This is why people get sick. I will not purchase Bryers anymore.
 
 
#20 Maria 2012-09-03 16:13
I read this news letter every month was their a mistake about the deadline printed.
 
 
#19 Harriet Roessler 2012-09-03 15:43
I like so many others, just received this email on September 3, 2012. I am a party to this lawsuit and am disappointed at your untimely email to me.
 
 
#18 Thad 2012-09-03 15:37
Same here, I was not notified until 9/3/2012 Now lets calculate that, That would be about 4 DAYS after the deadline!!! Now how can I submit a claim now???? Whats up with this???
 
 
#17 Ross 2012-09-03 15:34
Better late than never is not applicable in this case....
 
 
#16 DAF 2012-09-03 15:20
I too am a party to this lawsuit. Why was I not made aware of this prior to it's closing????? I received this email on September 3, 2012.???
 
 
#15 sandee 2012-09-03 15:14
Just received email today 9/3/12!!!!
 
 
#14 David 2012-09-03 15:11
just received today Sep. 3
 
 
#13 Cindy 2012-09-03 15:10
My daughter, son & I have been talking about how awful Breyer's ice cream has been tasting for the last few years, and how its old "natural" ingredients have turned into a long list of not-so-natural- sounding stuff. Now we hear about a class action suit--- 4 days too late? Even so, the $2 we would have gotten, up to $6 max, is nothing compared to what this ice cream used to be. A better settlement would have been them agreeing to go back to the days of when it was just sugar, cream and vanilla bean.
 
 
#12 Betty 2012-09-03 14:57
Please let me know if the Aug. 30 deadline was incorrect. I received this newsletter Sept. 3, Labor Day Holiday. Thank you.
 
 
#11 Darlene 2012-09-03 14:52
I received the email Sept 3, 12 (a holiday). I have purchased many Beryesr icecream products over the last 8 years. But now I miss out. Not happy. Also, the validations should not be that difficult to decipher.
 
 
#10 Karen 2012-09-03 14:33
Please don't even send this information when it is too late. I just got this email today.
 
 
#9 Jack 2012-09-03 14:29
"Ditto"!
 
 
#8 Anita Tanner 2012-09-03 14:14
I too, just received this today in my email. Is it still going on if not what do we do now???
 
 
#7 Doug Rebee 2012-09-03 14:10
I received the email on Sept 3 but the deadline already past. The deadline is either wrong it we were not told until it was too late. Please confirm. Thx
 
 
#6 Helen 2012-09-03 14:06
I am also curious as I buy at least one container a week. I also have my receipts.
 
 
#5 Bonita 2012-09-03 14:04
I too, am affected, yet you sent this information out a few days late to file a claim form. So, now what? This is not good.
 
 
#4 leonard cannon 2012-09-03 14:04
I'm also affected by this AND, I still have you're email from 8/13/12 that "Does Not List Anything About Breyers"!!
 
 
#3 Terry Chizum 2012-09-03 14:03
Extremely late notice for claims
 
 
#2 EJ 2012-09-02 17:54
I'm also curious why the deadline is August 30, 2012. I am also affected by this settlement
 
 
#1 Sara 2012-09-01 11:38
I'm curious if the deadline is August 30, 2012 to file a claim.. why did you post this so late on August 29, 2012 to inform us? I follow this blog carefully, but don't remember this settlement being mentioned. I am affected by this settlement. Let me know
 

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