Nestle Class Action Alleges Lack Of Vanilla In Dreyer’s Ice Cream

A class action lawsuit filed against Nestlé Dreyer’s Ice Cream Company claims that Dreyer’s vanilla ice cream is falsely advertised because it contains more imitation vanilla than vanilla extract.

The Dreyer’s class action lawsuit was filed by more than a dozen consumers who say they purchased the vanilla ice cream at least in part because they believed it to be flavored with natural vanilla as opposed to imitation vanilla.

However, the plaintiffs claim that in reality, the ice cream is flavored with cheaper, imitation vanilla instead of real vanilla.

The Dreyer’s ice cream class action states that although the front of the ice cream is labeled as “vanilla,” the back of the package and its ingredient list is more revealing.

The ingredient list reportedly states that the ice creams include “natural flavors, including vanilla extract.” The Dreyer’s ice cream class action lawsuit asserts that this implies that most of the ingredients that go into creating the vanilla flavor are not vanilla, but a range of fake vanilla flavorings.

The customers claim that as a rule of thumb in food labeling, using a more specific term for an ingredient is preferable to using the general term. So, though vanilla is a natural flavor, some vanilla imitations are made with other flavors that are not vanilla.

This vague and general description of the flavors implies that there are flavors other than vanilla in the ice cream, though these flavors are not advertised on the front of the package, the Dreyer’s class action states.

According to the customers, vanilla is the second most expensive flavoring in the world, second only to saffron.

Consumers allegedly seek vanilla out for its quality, versatility, and desirability. Based on this, the customers assert that Dreyer’s intentionally obscures the lack of real vanilla in the ice cream by labeling it vaguely under the umbrella term “natural flavors.”

Dreyer’s reportedly uses this vague term to mislead customers into believing that more real vanilla is present in the ice cream than is actually there.

The customers assert that they and other customers who purchased Dreyer’s vanilla ice creams were financially injured because had they known that the ice creams contained imitation vanilla instead of real vanilla, they would not have purchased the ice creams or would not have paid as much for them.

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

The Dreyer’s Vanilla Ice Cream False Advertising Class Action Lawsuit is Glenn Liou, et al. v. Nestlé Dreyer’s Vanilla Ice Cream Co., Case No. 1:19-cv-05762, in the U.S. District Court for the Eastern District of New York.

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