FatBoy Ice Cream Sandwiches Don’t Contain Real Vanilla, Class Action Says

A recent class action claims that FatBoy ice cream sandwiches are misleadingly labeled as “premium vanilla” despite being artificially flavored.

Although manufacturers are allowed to use artificial flavorings, they are required to disclose it when the artificial flavoring reinforces the characterizing flavor of the product.

According to plaintiff Melissa Rogers’ FatBoy class action, Casper’s Ice Cream Inc. fails to disclose the use of artificial flavoring in their ice cream sandwiches.

The ingredient list for FatBoy ice cream sandwiches reportedly lists “natural flavor” as the exclusive flavoring ingredient in the product.

Although this may include natural vanilla, it allegedly contains additional non-vanilla flavor compounds that reinforces the characterizing flavor.

Rogers argues that, if the flavoring were exclusively from vanilla ingredients like vanilla flavoring or vanilla extract, these ingredients would have been listed instead of “natural flavor.”

Despite containing additional flavorings, FatBoy ice cream sandwiches are allegedly labeled as “premium vanilla” with no qualifying statements about flavor content. The FatBoy ice cream class action claims that the products should be labeled as “Vanilla Flavored Ice Cream” or “Naturally Flavored Vanilla Ice Cream.”

“Defendant’s fraudulent intent is evinced by its failure to accurately indicate the products contained flavor from non-vanilla sources on the front label, because it knows consumers prefer foods that are flavored from food ingredients instead of added flavor ingredients and contain enough of the characterizing food ingredients to flavor the products,” the FatBoy class action argues.

Because the products are marketed deceptively, Rogers and other consumers were allegedly deceived by the labeling and convinced to buy the products based on false representations.

“The proportion of the characterizing component, vanilla, has a material bearing on price or consumer acceptance of the products because it is more expensive and desired by consumers,” the FatBoy class action lawsuit argues. “Had plaintiff and class members known the truth about the products, they would not have bought the product or would have paid less for it.”

Vanilla flavored products are a classic in American cuisine, especially when it comes to ice cream products. Due to the widespread popularity of vanilla products, food fraud is reportedly more common with these foods.

Pure vanilla is expensive and sometimes hard to come by due to high demand. Some manufacturers will choose not to use pure vanilla extract from vanilla beans and instead substitute this with artificial flavoring. Artificial vanillin flavorings may be derived from non-vanilla bean ingredients such as wood pulp, coal tar, eugenol, lignin or plant fiber.

In her FatBoy ice cream class action lawsuit, Rogers seeks to represent a Class of consumers who purchased the brand’s ice cream sandwiches. The FatBoy class action seeks injunctive relief, monetary damages, treble damages, punitive damages, restitution, disgorgement, interest, court costs, and attorneys’ fees.

Did you purchase FatBoy ice cream sandwiches under the impression that the products contained real vanilla? Share your experiences in the comment section below.

Rogers and the proposed Class are represented by Spencer Sheehan of Sheehan & Associates PC and Michael R. Reese of Reese LLP.

The FatBoy Ice Cream Sandwiches Class Action Lawsuit is Rogers v. Casper’s Ice Cream Inc., Case No. 1:19-cv-06064, in the U.S. District Court for the Eastern District of New York.

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