Prairie Farms ‘Small Batch’ Vanilla Ice Cream Doesn’t Contain Enough Vanilla Bean, Class Action Lawsuit Claims

Vanilla ice cream makers, watch out — this law firm is coming for you. 

The latest in a series of class action lawsuits brought by Sheehan & Associates PC., taking aim at companies selling vanilla products that allegedly contain barely any real vanilla bean, Prairie Farms Dairy Inc has been accused of selling a vanilla ice cream that contains mostly synthetic flavors and uses food coloring to make it look more natural. 

Chicago Plaintiffs Bryan Bor and Leory Jacobs and Wisconsin Plaintiff Kelly Wach filed the class action last Thursday in Illinois federal court, alleging Prairie Farms had broken the law in the marketing of its Small Batch brand premium vanilla ice cream.

The consumers allege the packaging of its Small Batch vanilla ice cream deceives customers, claiming the ice cream carton states the product is “Small Batch,” “Farmer Owned,” “Made with Local Milk & Cream,” “Natural Ingredients,” and “Natural Colors And Flavors.” 

However, the group alleges laboratory testing has revealed the ice cream is in fact made with synthetic vanilla flavoring and a negligible amount of vanilla beans, in contrast to what customers would expect from the packaging. 

“Since extracts of vanilla beans are a premium price, it is logical to expect this high value ingredient would be used in a product represented as not made through mass production, but with ‘traditional or artisanal methods,'” the consumers state.

They allege that Prairie Farms has gone so far in its deception as to add annatto, a food coloring used to give products a deeper color to make it more closely resemble a product that uses mostly vanilla beans.

“The darker color made plaintiffs and consumers expect the product had more extract from vanilla beans than it did,” the class action alleges.

The product’s misleading marketing has led to the ice cream being sold at a premium, the class action lawsuit contends. The vanilla ice cream is sold for around $5 per carton, more than other similar products.

The class action is seeking to represent anyone from Illinois, Wisconsin, Ohio, Michigan, Minnesota and Iowa who bought the ice cream within the statute of limitations.

The consumers are suing for breaches of express warranty, negligent misrepresentation, fraud, unjust enrichment and violations of state consumer fraud laws.

They are seeking certification of the Class, damages exceeding $5 million, an injunction, fees, costs and a jury trial. 

Prairie Farms is one of many companies facing allegations of containing unnatural vanilla ingredients. Breyers is also facing allegations its “Vanilla Bean” ice cream is deceptively marketed to consumers who think that it’s only flavored with real vanilla. And in March, a California federal judge dismissed claims McDonald’s vanilla ice cream does contain real vanilla as expected, but gave the plaintiff 30 days to amend their claims.

Do you expect your vanilla ice cream to contain vanilla bean? Let us know in the comments! 

The plaintiffs are represented by Spencer Sheehan of Sheehan & Associates PC. 

The Prairie Farms Class Action Lawsuit is Wach et al. v. Prairie Farms Dairy Inc., Case No. 1:21-cv-02191, in the U.S. District Court for the Northern District of Illinois.

Read About More Class Action Lawsuits & Class Action Settlements:

• McDonald’s Customers Make Pleas to Keep Vanilla Ice Cream Class Action Lawsuit Alive
• Do You Qualify: Delivery Service Hidden Charges | Massachusetts & New York Lawsuit
• TCA IN-DEPTH | Spencer Sheehan, The King of Vanilla Lawsuits, Continues His Reign
• Do You Qualify: Toxic Baby Food | Autism and Other Disorders Lawsuit Claim Review