Breyers class action alleges mint chocolate chip ice cream does not contain real mint

Top Class Actions’s website and social media posts use affiliate links. If you make a purchase using such links, we may receive a commission, but it will not result in any additional charges to you. Please review our Affiliate Link Disclosure for more information.

Breyers mint chocolate chip ice cream class action lawsuit overview: 

• Who: Dianna Martinez filed a class action lawsuit against Unilever United States Inc. 
• Why: Martinez claims Unilever misrepresents that its Breyers-brand mint chocolate chip ice cream is flavored with real mint. 
• Where: The class action lawsuit was filed in Illinois federal court.  

Unilever falsely represents that its Breyers-brand mint chocolate chip ice cream is flavored with real mint, a new class action lawsuit alleges. 

Plaintiff Dianna Martinez claims the Breyers mint chocolate chip ice cream contains no real mint but instead gets its taste from “natural flavor” she argues is “less expensive” and “highly concentrated.” 

Martinez argues that, according to a flavor expert, mint cannot be part of “natural flavor” since it would instead be listed on an ingredients list as “mint extract” or “mint oil.” 

“Because mint extract or mint oil is not a separately identified ingredient, it means that any real mint, if present, is at trace or de minimis levels as part of the natural flavor ingredient,” the Breyers class action states. 

Unilever accused of misrepresenting Breyers mint chocolate chip ice cream product

Unilever, meanwhile, misrepresents that the ice cream is flavored with real mint by designing it with two mint leaves on its container and describing it as “Mint Chocolate Chip” and “Cool mint ice cream,” the Breyers class action alleges. 

Martinez argues that, due to the alleged misrepresentations, the Breyers mint chocolate chip ice cream is worth “materially less” than the value Unilever represented. 

“As a result of the false and misleading representations, the Product is sold at a premium price … higher than similar products, represented in a non-misleading way and higher than it would be sold for absent the misleading representations and omissions,” the Breyers class action states. 

Martinez claims Unilever is guilty of unjust enrichment, fraud and negligent misrepresentation and in violation of the Magnuson Moss Warranty Act, multiple state consumer fraud acts and the Illinois Consumer Fraud and Deceptive Trade Practices Act. 

She demands a jury trial and requests declaratory and injunctive relief along with an award of monetary, statutory, and/or punitive damages for herself and all class members. 

Martinez wants to represent an Illinois class and multistate consumer fraud subclass of individuals who have purchased the Breyers mint chocolate chip ice cream. 

A federal judge in California denied class certification last year in a similar class action lawsuit filed against Unilever by a consumer arguing it misled consumers about the source of the vanilla flavoring in its Breyers Natural Vanilla ice cream. 

Have you purchased Breyers mint chocolate chip ice cream? Let us know in the comments! 

The plaintiff is represented by Spencer Sheehan of Sheehan & Associates PC. 

The Breyers Mint Chocolate Chip ice cream class action lawsuit is Martinez v. Unilever United States Inc., Case No. 1:22-cv-05664, in the U.S. District Court for the Northern District of Illinois. 

Read About More Class Action Lawsuits & Class Action Settlements:

• Nestle recalls chocolate chip cookie dough due to possible plastic contamination
• Ovaltine class action lawsuit claims nutrition info misleading
• Ensure class action alleges nutrition drinks falsely advertised as healthy food choice
• Tastykake, Mrs. Freshley’s glazed pies recalled due to undeclared soy