Current:Home > BackWoman sues Cold Stone Creamery over pistachio ice cream not containing pistachios-InfoLens
Woman sues Cold Stone Creamery over pistachio ice cream not containing pistachios
View Date:2024-12-23 14:40:22
A popular ice cream chain is facing a lawsuit over deceptive advertising after a Long Island woman discovered its pistachio ice cream may not actually contain pistachios.
Jenna Marie Duncan of Farmingdale, New York filed the class action lawsuit against Cold Stone Creamery saying she purchased pistachio ice cream from a Cold Stone location in Levittown, New York in July 2022 and "reasonably believed that the pistachio ice cream she purchased from defendant contained pistachio."
However, Duncan later learned on the company's website that there were no pistachios in the ice cream, but rather "pistachio flavoring" that consisted of water, ethanol, propylene glycol, natural and artificial flavor, Yellow 5 and Blue 1, according to the lawsuit.
A document of ice cream ingredients found on Cold Stone's website shows the pistachio ice cream containing "pistachio flavoring."
Woman says she wouldn't have purchased the ice cream
The lawsuit claims that had Duncan known the product did not contain pistachios, she "would not have purchased it, or would have paid significantly less for it."
"When consumers purchase pistachio ice cream, they expect pistachios, not a concoction of processed ingredients," Duncan says in the lawsuit, while also noting that other ice cream makers such as Häagen-Dazs and Ben and Jerry's, both include actual pistachios in their ice cream.
The lawsuit also claims that Cold Stone's mango, coconut, mint, orange and butter pecan ice cream flavors, as well as its orange sorbet flavor, "are merely flavored after their named ingredients," which Duncan says "is not what consumers expect."
The defendant in the case is Kahala Franchising LLC, a company that owns franchises of chains such as Cold Stone Creamery, Wetzel's Pretzels, Baja Fresh and Blimpie, among others.
According to the lawsuit, Kahala has sought to have the case dismissed, arguing that a detailed list of the ice cream ingredients are listed online.
USA TODAY has reached out to Kahala for comment.
Lawsuit can move forward, judge says
A federal judge in New York has allowed the class action lawsuit against Cold Stone Creamery to move forward.
U.S. District Court Judge Gary R. Brown wrote in his ruling that the case "raises a deceptively complex question about the reasonable expectations of plaintiff and like-minded ice cream aficionados."
"Should consumers ordering pistachio ice cream at one of defendant's establishments expect that that product will contain actual pistachios? And if the answer is no, should that leave them with a bitter aftertaste?" Brown wrote in his ruling.
Gabe Hauari is a national trending news reporter at USA TODAY. You can follow him on X @GabeHauari or email him at [email protected].
veryGood! (964)
Related
- Rita Ora Says Liam Payne “Left Such a Mark on This World” in Emotional Tribute
- Social media misinformation stokes a worsening civil war in Ethiopia
- People are talking about Web3. Is it the Internet of the future or just a buzzword?
- Prosecutors Call Theranos Ex-CEO Elizabeth Holmes A Liar And A Cheat As Trial Opens
- Tony Hinchcliffe refuses to apologize after calling Puerto Rico 'garbage' at Trump rally
- Is The Future Of The Internet In The Metaverse?
- Before Dying, An Unvaccinated TikTok User Begged Others Not to Repeat Her Mistake
- Cindy McCain on her drive to fight hunger
- Louisiana House greenlights Gov. Jeff Landry’s tax cuts
- Facebook's new whistleblower is renewing scrutiny of the social media giant
Ranking
- College Football Fix podcast addresses curious CFP rankings and previews Week 12
- Rep. Paul Gosar shared an anime video of himself killing AOC. This was her response
- Senators Blast Facebook For Concealing Instagram's Risks To Kids
- Harry Shum Jr. Explains Why There Hasn't Been a Crazy Rich Asians Sequel Yet
- Arkansas governor unveils $102 million plan to update state employee pay plan
- The metaverse is already here. The debate now is over who should own it
- Mindy Kaling and B.J. Novak Are Officially the Sweetest BFFs at Vanity Fair's Oscar Party 2023
- YouTube Is Banning All Content That Spreads Vaccine Misinformation
Recommendation
-
Spirit Airlines cancels release of Q3 financial results as debt restructuring talks heat up
-
More than 1 in 3 rural Black southerners lack home internet access, a new study finds
-
Russia's entire Pacific Fleet put on high alert for practice missile launches
-
Netflix fires employee as internal conflicts over latest Dave Chappelle special grow
-
Powerball winning numbers for Nov. 9 drawing: Jackpot rises to $92 million
-
The DOJ Says A Data Mining Company Fabricated Medical Diagnoses To Make Money
-
The Conglomerate Paradox: As GE splinters, Facebook becomes Meta
-
Why Top Gun: Maverick’s Tom Cruise Will Miss the 2023 Oscars