Costco, Dreyer’s ice cream bar class actions over false advertising claims dismissed

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Update:

• A federal judge in Illinois dismissed claims Dreyer’s misled its customers into thinking the coating on its Haagen-Dazs ice cream bars contained only milk chocolate and no vegetable oils.
• The judge determined that the front packaging of the Haagen-Dazs vanilla milk chocolate almond ice cream bars in question is not “ambiguous” about the content of any vegetable oil used. 
• The judge ruled further that the consumer who filed the complaint has no standing to pursue injunctive relief as he is now aware that the product contains vegetable oil. 
• The consumer had argued that the front labeling of the product was ambiguous and would be misleading for consumers who would think the presence of milk chocolate would mean no vegetable oil was used. 
• A similar class action lawsuit filed against Costco was also dismissed last month. 

(July 19, 2021)

Consumers looking for a cool treat this summer beware — both premium brand Haagen-Dazs and the more economical Kirkland brand of chocolate-dipped ice cream bars may be made with vegetable oil, according to a pair of class action lawsuits filed this weekend.  

Lead plaintiffs Lawrence Rice and Mike Karlinski each filed complaints in federal court in Illinois alleging that instead of using cocoa butter in their products, the manufacturers substitute vegetable oil instead. They each want to represent Illinois consumers who purchased either Haagen-Dazs or the Kirkland brand of chocolate-dipped ice cream bars, accusing the manufacturers of falsely advertising the products.  

Rice says that Haagen-Dazs brand Vanilla Milk Chocolate Almond ice cream bars, manufactured by Dreyer’s Grand Ice Cream, Inc, are purport to be “dipped in rich milk chocolate,” according to the product’s labeling. The plaintiff points to pictures of chunks of chocolate, as well as vanilla flowers and almonds, which he calls a “half-truth” because the chocolate coating the ice cream bars are made with “vegetable oil coating” and coconut oil.  

In a separate class action lawsuit, Karlinski accuses Costco Wholesale Corporation of making a similar product, Kirkland Signature brand Chocolate Almond Dipped Vanilla ice cream bars, and using pictures of chunks of chocolate and other ingredients on the packaging, but coconut and soybean oils in the product.  

Both plaintiffs say that they and other consumers prefer natural and less-processed foods, particularly chocolate which they say should be made with cocoa butter and not substitutes.  

“Chocolate is made through fermentation, roasting, and grinding of cacao beans,” point out both class action lawsuits. “In contrast, vegetable oils are highly refined and bleached, subjected to hydrogenation and interesterification, with chemical catalysts, such as nickel and cadmium.” 

The class action lawsuits contend that Dreyer’s and Costco are trying to cash in on consumers’ preferences, but cutting costs by using less expensive vegetable oils in their Haagen-Dazs and Kirkland brands of ice cream bars.  

Further, the manufacturers are falsely advertising the ingredients used in their products, claim the plaintiffs.  

“The pictures of the ingredients – chunks of chocolate, a vanilla flower and almonds – tells consumers the Product will contain these highlighted ingredients instead of cheaper substitutes for them,” allege the class action lawsuits.  

Rice and Karlinski allege that they and other Illinois consumers would not have purchased or paid as much for either Haagen-Dazs or Kirkland brand ice cream bars had they not been duped by the allegedly deceptive marketing of the products. They are seeking damages for themselves and other Illinois consumers from Dreyer’s and Costco.  

Have you purchased Haagen-Dazs or Kirkland brand ice cream bars? We want to hear from you! What do you think of the claims these products are made with vegetable oil?  

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

The Kirkland Ice Cream Bars Class Action Lawsuit is Karlinski v. Costco Wholesale Corporation, Case No. 1:21-cv-03813 in the U.S. District Court for the Northern District of Illinois.  

The Haagen-Dazs Ice Cream Bars Class Action Lawsuit is Rice v. Dreyer’s Grand Ice Cream, Inc., Case No. 1:21-cv-03814 in the U.S. District Court for the Northern District of Illinois.

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