Aldi Class Action Says No ‘Vanilla’ in Ice Cream

According to a recent class action, Aldi knowingly deceives their consumers into believing that the vanilla flavor in their Sundae Shoppe and Belmont vanilla ice cream is derived from the vanilla plant, despite the inclusion of added flavors in the products.

The Aldi class action lawsuit states that if vanilla ice cream contains no non-vanilla flavors, it can be labeled as “vanilla ice cream.”

However, plaintiff Jami Weber-Lugo says that if an ice cream product contains non-vanilla flavors but the primary flavor comes from vanilla ingredients, the product must be labeled as “vanilla flavored ice cream.”

If ice cream contains non-vanilla flavors and the primary flavor does not come from vanilla ingredients, it must be labeled as “artificially flavored vanilla ice cream,” according to the Aldi class action.

The plaintiff claims that the store’s Sundae Shoppe and Belmont light vanilla ice creams are marketed as simply “vanilla” ice cream without any “flavored” or “artificially flavored” qualifiers.

Despite representations that the light vanilla ice creams are not flavored, the products allegedly contain natural flavor and annatto – reportedly indicating that the vanilla flavor is not exclusively derived from the vanilla plant.

The Aldi class action claims that vanilla ice cream is a popular flavor enjoyed year round by more than 90 percent of Americans. With the countless vanilla ice cream options available, consumers reportedly rely on brand representations when choosing their products.

When consumers see representations that products contain vanilla, they expect that the vanilla flavor is derived from vanilla beans in the form of vanilla flavor or vanilla extract unless labeling says otherwise.

Knowing that consumers rely on their representations when making purchases, Aldi allegedly misrepresents their ice cream products as “deriving the entirety of their flavor from vanilla” and deceives customers by “overstating the amount and/or the percentage of vanilla, individually, and compared to the overall flavor component.”

If products contain artificial flavoring which support or stimulate the primary, characterizing flavor, regulations require them to name their products as “flavored” or “artificially flavored.” This qualifying statement must precede the flavor name in order for products to align with federal regulations, according to the plaintiff.

“The Products are required to contain vanilla flavor or vanilla extract in a significant amount because the quantity of vanilla flavoring contained, if any, is not able to achieve the technical effect that vanilla typically provides in an ice cream product which has vanilla as the exclusive flavoring source,” the Aldi ice cream class action lawsuit claims.

Plaintiffs in the Aldi class action seek to represent a Class of New York consumers who purchased Aldi’s Sundae Shoppe and/or Belmont light vanilla ice cream.

The Aldi vanilla ice cream class action lawsuit seeks injunctive relief, restitution, disgorgement, monetary damages, treble damages, punitive damages, court costs, and attorneys’ fees.

Plaintiffs and the proposed Class in the Aldi class action are represented by Spencer Sheehan of Sheehan & Associates PC.

The Aldi Vanilla Ice Cream Class Action Lawsuit is Weber-Lugo, et al. v. Aldi Inc., Case No. 1:19-cv-04861, in the U.S. District Court for the Eastern District of New York.

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