Haagen-Dazs Chocolate Made With Vegetable Oil, Says Class Action Lawsuit

Update: 

• A class action lawsuit accusing Dreyer’s of deceptively labeling its Haagen-Dazs ice cream bars has been dismissed by an Illinois federal judge.
• Judge ruled claims against Dreyer’s were preempted by federal law.
• Consumer claimed Dreyer’s was required to label on the front of its packaging that its Haagen-Dazs ice cream bars had a coating of milk chocolate and coconut oil instead of just milk chocolate.
• Judge ruled the consumer mischaracterized the Food, Drug and Cosmetic Act regulation that was the basis for their claim.
• Judge ruled Dreyer’s could have also labeled the ingredients on the side of the products packaging. 
• The case dismissal was the second of the week for Dreyer’s in complaints revolving around its ice cream products. 

(06/29/2021)

Consumers looking for a creamy summer treat may be in for a surprise – Dreyer’s Grand Ice Cream, Inc substitutes vegetable oils for cocoa butter in its Haagen-Dazs milk chocolate ice cream bars, according to a class action lawsuit filed Monday.  

Lead plaintiff, Patricia Zurliene, claims that Dreyer’s duped her and a Class of other Illinois consumers who purchased Haagen-Dazs brand “Vanilla Milk Chocolate” ice cream bars. The plaintiff accuses Dreyer’s of misleadingly marketing the ice cream bars, contending that they should be labeled as “chocolate flavored” Haagen-Dazs.  

Zurliene says that she purchased Haagen-Dazs ice cream bars on a number of occasions thinking Dreyer’s used only cacao beans and cocoa butter to make the premium product. The plaintiff points to statements about the “rich milk chocolate” used to make Haagen-Dazs ice cream bars, along with pictures of chocolate on the package.  

“The Product is sold for a price premium compared to other similar products, no less than $5.99 for [a] pack of three, a higher price than it would otherwise be sold for, absent the misleading representations and omissions,” alleges the class action lawsuit.  

The plaintiff claims that she would not have purchased or paid as much for the ice cream bars had she known that Haagen-Dazs chocolate is made with vegetable oils.  

“The representation of the Product’s coating as ‘Rich Milk Chocolate’ is misleading, and at best, a ‘half-truth,’ because it contains ingredients not found in chocolate – ‘Coconut Oil,’” claims the class action lawsuit.  

Food manufacturers contend that consumers do not notice the substitution of vegetable oils for cocoa butter, says the lawsuit, but critics say the fake chocolate tastes waxy and affects the nutrition content of the product.  

“Vegetable oils raise cholesterol, contain artery-clogging trans-fats and saturated fats, and are linked to higher rates of heart disease,” points out the class action lawsuit. “Cocoa butter contains relatively heart-healthy, unsaturated fats, which does not cause elevated cholesterol or greater risks of heart disease.” 

The plaintiff says she is not the only consumer disappointed to find out that Haagen-Dazs is not made with real chocolate. Zurliene wants to represent other consumers in Illinois who purchased Haagen-Dazs vanilla chocolate ice cream bars and hold Dreyer’s accountable for the premium they allegedly paid for the falsely advertised product.  

Further, the class action lawsuit is seeking a court order forcing Dreyer’s to correctly advertise the product.  

Have you purchased Haagen-Dazs chocolate ice cream bars? Are you surprised by the claim that they contain vegetable oil? Tell us in the comment section below.  

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

The Haagen-Dazs Chocolate False Advertising Class Action Lawsuit is Zurliene v. Dreyer’s Grand Ice Cream, Inc., Case No. 3:21-cv-00747 in the U.S. District Court for the Southern District of Illinois.  

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