McDonald’s Class Action Says Ice Cream Made With Fake Vanilla

McDonald’s vanilla ice cream doesn’t contain real vanilla, according to a recent class action lawsuit filed against the fast food chain.

Plaintiff Emelina Webber claims that she and other consumers were deceived by the restaurant’s representations that their soft serve ice cream was flavored with vanilla. Instead of real vanilla-derived flavoring, the ice cream allegedly contains synthetic vanillin.

McDonald’s soft serve vanilla ice cream cones are a staple in the fast food restaurant’s menu. The ice cream is sold in a variety of sizes and can be found at around 14,000 locations around the country. The soft serve dessert is reportedly described repeatedly as “vanilla.”

According to Webber, this descriptor proliferates menu boards, drive-thru displays, self-service kiosks, online websites, advertising, marketing, and other locations.

Despite this repeated assurance that the McDonald’s soft serve ice cream contains vanilla, Webber’s class action claims the dessert is instead flavored with non-vanilla synthetic flavors.

“The representations are misleading because though the flavor is represented as vanilla, the vanilla taste and flavor is not provided exclusively by vanilla but from non-vanilla sources,” the McDonald’s class action lawsuit claims.

Webber notes that vanilla is an extremely popular flavor but at risk for food fraud due to the limited supply and high cost of vanilla beans. Instead of utilizing real vanilla flavorings, such as vanilla extract, companies reportedly turn to alternative flavoring sources that mimic the taste of real vanilla.

A popular flavoring alternative includes vanillin. Although vanillin can be derived from the vanilla bean, Webber argues that only one to two percent of vanillin in commercial use is derived from the vanilla plant.

Despite this, the use of synthetic vanillin continues for economic reasons. One ounce of vanillin is reportedly equal to a full gallon of single-fold vanilla extract, meaning that manufacturers can use less of the product for a more prominent flavor profile.

Webber claims that McDonald’s falls into this trend when manufacturing soft serve vanilla ice cream. The ingredient list for the ice cream allegedly includes “natural flavor” as an ingredient, but does not mention vanilla extract or another real vanilla flavor.

This lack of vanilla flavor reportedly indicates that the product is flavored only with alternative flavorings. Webber argues if vanilla extract was included in the “natural flavor” component, this would be listed individually.

Because the products lack real vanilla, Webber argues McDonald’s is required to advertise their ice cream with a disclaimer that discloses the flavor source. For example, instead of “vanilla ice cream,” Webber claims that the products should be called “vanilla flavored ice cream.”

The McDonald’s class action also alleges that the lack of clear flavor disclosures is deceptive. The plaintiff and other consumers allegedly paid more for the product based on representations that the ice cream contained real vanilla flavor. Because these representations were false, Webber argues that she and other consumers were financially injured by their purchases.

Did you buy an ice cream cone from McDonald’s believing the product contained real vanilla? Let us know in the comments section below.

Webber and the proposed Class are represented by Spencer Sheehan of Sheehan & Associates PC.

The McDonald’s Ice Cream Cone Class Action Lawsuit is Webber v. McDonald’s Corporation, Case No. 7:20-cv-02058, in the U.S. District Court for the Southern District of New York.

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