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A federal judge has ruled that two classes of ice-cream buyers can proceed with a consolidated class action lawsuit against Ben & Jerry’s and Breyers for using “all natural” labels on ice cream made with synthetic chemical processes.
The consolidated all-natural ice cream class action lawsuit alleges that even though Ben & Jerry’s and Breyers placed “all natural” labels on their ice cream products, they used alkalized cocoa powder – a man-made, synthetic chemical – to reduce acidity and give their ice cream a rich, chocolate flavor. The main plaintiffs in the Ben & Jerry’s and Breyers class action lawsuit say they would not have purchased the companies’ ice cream had they known the ice cream contained cocoa that was not “natural.”
“If the plaintiffs did indeed purchase the ice cream based on the representation that it was ‘all natural’ and if that representation proves to be false, then they arguably have suffered an injury in fact,” wrote U.S. District Judge Phyllis Hamilton.
Judge Hamilton ruled the plaintiffs had enough facts to prove fraud, in that they would not have purchased the ice cream had it been properly labeled, but said any factual dispute over whether the companies knew they were misleading customers should be addressed at trial.
Both the Ben & Jerry’s class action lawsuit and the Breyers all-natural ice cream class action lawsuit were originally seeking refunds for class members. It is unclear at this time what relief the consolidated class action lawsuit will seek.
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12 thoughts onBen & Jerry’s and Breyers All-Natural Ice Cream Class Action
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