Breyers Class Action Lawsuit: Ice Cream Doesn’t Contain Vanilla

Breyers ice cream doesn’t contain real vanilla, according to a recent class action lawsuit that challenges the sweet treat’s labeling.

Ice cream is a classic summertime favorite that is even enjoyed year-round by 96 percent of Americans of all ages and backgrounds, according to one survey.

Vanilla ice cream is consistently popular “not only because it is creamy and delicious, but also because of its ability to enhance so many other desserts and treats,” according to the International Dairy Foods Association.

Under the Breyers brand, Unilever United States Inc. sells several vanilla ice cream products including Natural Vanilla, Homemade Vanilla, and Extra Creamy Vanilla.

However, a recent class action lawsuit against the company argues that Breyers ice cream is not made with real vanilla extract despite its claims.

Genuine vanilla is made from vanilla beans but high demand for the flavor and a desire to reduce costs has led to the development of synthetic vanilla flavoring made from tree bark or harmful compounds such as coumarin.

Vanilla products can range from high quality and natural to lower quality and highly synthetic. In order to protect consumers and ensure that they get the best possible products, labeling standards have been set to clearly inform consumers about the source of vanilla flavoring.

A product can only be labeled as containing “real vanilla” if it actually contains extract or flavoring derived from vanilla beans. If a product is flavored with synthetic vanilla, companies are reportedly not allowed to make “real vanilla” claims.

According to the Breyers class action, the company allegedly markets their products with images and statements that give the impression that it contains real vanilla flavoring.

The front of the ice cream container is reportedly adorned with a “vignette of vanilla orchid or beans,” a picture of a scoop of ice cream with “what appear to be specks of vanilla beans,” and other statements about the product’s vanilla flavoring.

Despite these representations, plaintiffs in the Breyers class action claim that “vanilla” is not mentioned on the ingredient list for Breyers ice cream.

The Breyers class action lawsuit alleges that Breyers knowingly deceives their consumers into believing that their ice cream is flavored with real vanilla derived from vanilla beans.

“In the context of ice cream, consumers expect real vanilla derived from vanilla beans as the exclusive source of the flavor – designated as vanilla flavor or vanilla extract on the ingredient list,” the Breyers class action claims.

The Breyers class action mentions that “natural flavor” appears on the ingredient list, but a disclaimer underneath that states that the “natural flavor” is “made with vanilla beans,” meaning that vanilla is not the exclusive source of the flavor.

Plaintiffs in the Breyers ice cream class action seek to represent a Class of consumers who purchased Breyers vanilla ice cream. They also seek to represent 50 subclasses for each of the 50 individual states in America.

The Breyers class action suit seeks injunctive relief, monetary damages, treble damages, punitive damages, interest, court costs, and attorneys’ fees.

Plaintiffs and the proposed Class are represented by Spencer Sheehan of Sheehan & Associates PC.

The Breyers Vanilla Ice Cream Class Action Lawsuit is Derchin, et al. v. Unilever United States Inc., Case No. 1:19-cv-03543, in the U.S. District Court for the Eastern District of New York.

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