Häagen-Dazs Class Action Lawsuit Says Ice Cream Bars Aren’t Dipped In Real Milk Chocolate

A New York City resident has raised allegations that dipped Häagen-Dazs ice cream bars are falsely advertised because the chocolate contains vegetable oils.

Lead plaintiff Lauren Yu claims that “the unqualified, prominent and conspicuous representation” that the Häagen-Dazs ice cream bars are dipped in milk chocolate is misleading because the purported chocolate contains vegetable oils, which consumers do not expect to find in chocolate.

According to the class action lawsuit, chocolate is made from cacao beans that are fermented, dried and roasted to produce cacao nibs. Those nibs are ground to produce either “cocoa mass or chocolate liquor,” then separated into cocoa solids and cocoa butter.

“Consumers want chocolate in chocolate products to come from a real source, i.e., from cacao beans,” the class action lawsuit argues.

Chocolate produced from cacao beans provides a smoother mouthfeel than ingredients that are substituted for chocolate, such as vegetable oils, Yu claims in her Häagen-Dazs ice cream class action lawsuit. Chocolate produced using such oils leaves an aftertaste and has a “waxy and oily mouthfeel.” 

The class action lawsuit argues Food and Drug Administration (FDA) regulations on chocolate “establish custom and practice in the industry so that consumers’ experience with that custom and practice primes them to infer from a product’s labeling whether a product contains chocolate or is a chocolate mixture (compound) which contains vegetable oils.”

Congress directed the FDA to establish standards to combat companies marketing foods “from which traditional constituents are removed or new or different (often cheaper and artificial) ingredients are substituted,” according to the class action lawsuit.

For chocolate, this includes the substitution of lower-quality ingredients, such as vegetable oil, for ingredients such as cocoa fat, Yu maintains.

Specific labeling on chocolate is required because it is “one of the most popular and one of the most costly foods,” the class action lawsuit argues.

“The chocolate standards have been in place for over fifty (50) years, and companies’ adherence to these regulations have benefitted consumers who otherwise would not be able to rely on a product’s representations,” Yu’s complaint says.

Yu says consumers don’t expect to have to read the fine print on an ingredient list in order to ascertain that the ingredient claims made boldly on the front label are, in fact, true.

“Since the Product’s front label represents the Product contains ‘rich milk chocolate’ without qualification, consumers expect that it only has chocolate ingredients, when this is not accurate,” the class action lawsuit states.

She argues that the branding and packaging of the Häagen-Dazs ice cream bars are designed to mislead and defraud consumers.

The defendant allegedly sold more of the Häagen-Dazs ice cream bars and at higher prices than it would have if it had disclosed the vegetable oil content in the chocolate. The company’s deception reportedly resulted in additional profits at consumer expense.

Because the value of the Häagen-Dazs ice cream bars purchased by the plaintiff and proposed Class Members was allegedly “materially less” than its value as represented by the company, consumers have suffered financial injury.

Had Yu and the potential Class Members known the truth about the products, they would not have purchased the Häagen-Dazs ice cream bars or would have paid less.

The bars are sold at a premium price of about $5.99 for three 3-ounce bars, not including tax, the class action lawsuit says. This is a higher price than that of similar products marketed in a “non-misleading way.”

A similar class action lawsuit was filed against Häagen-Dazs maker Froneri US Inc. in May.

The complaint filed in that case leveled the same accusations of the presence of vegetable oil in products advertised as milk chocolate.

Yu claims the defendant is in violation of New York General Business Law and is guilty of negligent misrepresentation; breaches of express warranty and implied warranty of merchantability and the Magnuson Moss Warranty Act; fraud; and unjust enrichment.

Yu’s class action lawsuit asks the Court to provide preliminary and permanent injunctive relief in the form of directing the defendant to correct the deceptive practices, as well as injunctive relief to remove the misleading representations. 

In addition, Yu is asking for restitution and disgorgement, an award of monetary damages and interest, court costs and expenses, and any further relief deemed appropriate by the Court.

 She also demands a jury trial.

Have you purchased dipped Häagen-Dazs ice cream bars? Did you know the chocolate contained vegetable oil? Does that make a difference to you? Let us know your thoughts in the comments section below.

The plaintiff is represented by Spencer Sheehan of Sheehan and Associates.

The Häagen-Dazs Ice Cream Class Action Lawsuit is Lauren Yu, et al. v. Froneri US Inc., Case No. 1:20-cv-08512, in the U.S. District Court for the Southern District of New York.

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