Friendly’s Class Action Says Ice Cream Doesn’t Contain Real Vanilla

A class action lawsuit claims that Friendly’s ice cream contains artificial flavoring and not real vanilla, as suggested by the ice creams’ labeling.

The Friendly’s class action lawsuit was filed by Alan Charles who says that he purchased Friendly’s ice cream in part because it was labeled as vanilla flavored.

Charles asserts that a range of ice creams made by Friendly’s are advertised as vanilla or vanilla in combination with other flavors. However, he claims that the ice creams do not contain vanilla, and instead contain cheaper, imitation vanilla flavors.

The Friendly’s ice cream flavoring class action lawsuit says that the ingredient lists for the ice creams do not list vanilla or vanilla extract, and only list “natural flavors.” The Friendly’s class action lawsuit notes that in food labeling, it is the norm to include the specific term for an ingredient rather than the general term.

Based on this, if the ice cream had contained vanilla extract, vanilla extract would have been listed in the ingredients, says the ice cream class action lawsuit. Though vanilla is a natural flavor, the “natural flavors” labeling does not support the claim made on the front of the container that the ice cream is made of vanilla.

Charles argues that the company’s “listing of ‘natural flavor’ as opposed to vanilla flavor or vanilla extract is a tacit acknowledgment that the ‘natural flavor’ is not a synonym for the required vanilla ingredients.”

The real vanilla ice cream class action lawsuit goes on to say that Friendly’s uses annatto and turmeric to color the ice cream in a way that mimics real vanilla ice cream. Allegedly, “this coloring makes the consumer less likely to question or probe into the amount and type of vanilla in the product.”

The Friendly’s vanilla extract ice cream class action lawsuit states that Friendly’s knowingly misleads customers into thinking that their ice cream contains real vanilla in an effort to entice customers into purchasing it.

Allegedly, imitation vanilla is much less expensive than real vanilla, and customers are willing to pay a premium for real vanilla. The Friendly’s class action lawsuit says that the company knows customers are willing to pay a premium for real vanilla and knows that vanilla is very popular, and uses their deception to profit from it.

Additionally, Charles argues that Friendly’s uses customer assumptions about vanilla flavors as well as the ice cream’s placement next to ice cream that contains real vanilla to further mislead customers about the nature of the ice cream.

The ice cream class action lawsuit gives the example that Haagen-Dazs ice cream lists “vanilla extract” in its ingredients.

Charles is represented by Spencer Sheehan of Sheehan & Associates PC.

The Friendly’s Ice Cream Vanilla Labeling Class Action Lawsuit is Alan Charles, et al. v. Friendly’s Manufacturing and Retail LLC, Case No. 1:19-cv-06571, in the U.S. District Court for the Southern District of New York.

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