Mochi Mochi Ice Cream Does Not Contain Real Vanilla, Class Action Says

A class action lawsuit claims that H Mart Inc. falsely advertises its Mochi Mochi ice cream treats as being flavored with real vanilla, when it’s actually flavored with imitation vanilla. 

Lianna King says the vanilla mochi ice cream under the Mochi Mochi brand is in packaging that features a vanilla flower on the front and the back.

According to the Mochi Mochi class action lawsuit, vanilla is one of the most popular flavors in general and in particular is one of the most popular ice cream flavors.

The Mochi Mochi ice cream dessert class action lawsuit notes that vanilla is one of the world’s most expensive flavors, and is at high risk for imitation because there are many vanilla substitutes that approximate the flavor of real vanilla.

Allegedly, H Mart knew that customers are attracted to natural vanilla and used the vanilla flower on the packaging to suggest to consumers that the product was made with real vanilla. However, King notes that the ingredient list on the mochi ice creams does not mention pure vanilla.

The plaintiff goes on to say that federal regulations dictate that if a product is advertised as “vanilla” but its flavoring comes from vanillin and not vanilla, the labeling and packaging must declare the presence of vanillin and identify it as an artificial flavor.

The Mochi Mochi mislabeling class action lawsuit explains that these regulations are in place to protect customers from being misled into purchasing products that taste similar to vanilla but are really made from imitation ingredients. 

The mochi imitation vanilla class action claims that customers are willing to pay more for real vanilla than imitation vanilla, and H Mart takes advantage of that willingness. 

King says that H Mart financially injured customers because many customers would not have purchased the ice cream or would not have paid as much for it had they known that the product was not as valuable as advertised. Allegedly, H Mart unjustly gained enrichment from the sale of its Mochi Mochi ice cream treats.

The plaintiff seeks damages on behalf of herself and all similarly affected consumers. She also seeks an injunction barring the company from continuing to represent its mochi ice cream as being made with vanilla when it contains imitation vanilla. 

Have you ever purchased mochi ice cream? What do you think of this class action lawsuit?

King is represented by Spencer Sheehan of Sheehan & Associates PC and by Michael R. Reese of Reese LLP.

The Mochi Mochi Vanilla Ice Cream Class Action Lawsuit is Lianna King v. H Mart Inc., Case No. 1:19-cv-06736, in the U.S. District Court for the Eastern District of New York.

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