Manufacturer Says Häagen-Dazs Ice Cream Bars Mislabeling Class Action Should Be Dismissed

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Häagen-Dazs Ice Cream Mislabeling Class Action Lawsuit Overview:

• Who: Lawrence Rice has filed a class action lawsuit against Dreyer’s.
• Why: The plaintiff alleges the front packaging of Häagen-Dazs® Vanilla Milk Chocolate Almond Ice Cream Bars is deceptive because it implies that the chocolate coating does not include coconut oil.
• Where: The class action lawsuit is pending in Illinois federal court.

A class action lawsuit that claims Häagen-Dazs® Vanilla Milk Chocolate Almond Ice Cream Bars are deceptively mislabeled should be tossed, according to Manufacturer Dreyer’s Grand Ice Cream, Inc.

Plaintiff Lawrence Rice challenges the phrase “milk chocolate” as used on the front label. He does not allege that the ice cream bars don’t contain milk chocolate. Instead, the complaint alleges that the front packaging describing the product as “vanilla ice cream dipped in rich milk chocolate and almonds” is deceptive because it somehow imparts an implied representation that the chocolate coating does not include oil.

“Put simply, that is not a plausible theory of consumer deception,’ the defendant’s motion to dismiss states.” Nothing about the truthful identifying information on the front panel could lead a reasonable consumer to conclude that the product does not have vegetable oil (or any other ingredients).”

The defendant further states that the name of the product is not an ingredient list or an ingredient exclusion list, and no reasonable consumer would think otherwise. Oil is disclosed on the label four times, including once in bold, in the ingredient list—the precise place that consumers know to look for objective detailed information about a product’s ingredients, the motion states. 

This is the fourth time that the plaintiff’s counsel, Spencer Sheehan, has sued Dreyer’s alleging this precise deception theory. 

Have you purchased Häagen-Dazs® Vanilla Milk Chocolate Almond Ice Cream Bars believing the product did not contain oil? Let us know in the comments! 

The plaintiff is represented by Spencer Sheehan of Sheehan & Associates PC and Patrick Austermuehle and Peter Lubin of Lubin Austermuehle PC.

The Häagen-Dazs Ice Cream Mislabeling Class Action Lawsuit is Rice, et al. 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 New York

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