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A class action lawsuit has been lodged against Prairie Farms Dairy Inc. by consumers who claim that the company’s Prairie Farms Small Batch ice cream doesn’t contain natural vanilla as advertised.
The plaintiff Larrell Darby alleges that the company’s labeling is misleading to consumers because the natural flavoring used in the products doesn’t derive fully from natural vanilla.
The Prairie Farms class action lawsuit says that the front labels of the ice cream list the products as “Vanilla Bean Ice Cream” and “Vanilla Bean.”
These labels are reportedly interpreted by consumers to mean that vanilla is the characterizing flavor or that the product contains a sufficient amount of genuine vanilla flavoring.
“Had the Products flavoring derived exclusively from vanilla, the ingredient list would declare the common or usual names of one or more of the exclusively vanilla ingredients, viz, Vanilla Extract, Concentrated Vanilla Extract, Vanilla Flavoring and Concentrated Vanilla Flavoring, and not declare any other flavor ingredient,” the plaintiff maintains.
Darby states that the term “Natural Flavor” on the ice cream’s ingredient list does not refer to a component of the product that is vanilla, as it would have been specified on the ingredient list. In addition, the plaintiff argues that consumers like to read “vanilla extract” or “vanilla flavoring” on the ingredient list for products because “natural flavor” is a “technical, non-transparent term.”
“Where the front label of an ice cream product represents it is flavored only from the characterizing vanilla flavor, it is deceptive and unlawful to include flavor not derived from vanilla beans,” Darby alleges.
The Prairie Farms Dairy class action lawsuit also states that competitors of the defendant have products that are labeled as containing vanilla beans. This labeling is not misleading to the consumer because these products do not contain non-exhausted vanilla beans, the plaintiff argues.
Prairie Farms Dairy’s ice cream is misleading because it does not contain the percentage and the amount of vanilla and vanilla beans as a part of the flavoring of the ice cream, which is required and uniform with the expectations of the consumer, the plaintiff claims.
Darby states that if he had known the truth about the product, he would have paid less for the ice cream, or wouldn’t have purchased the product at all.
The plaintiff in this case claims that the defendant violated New York’s Consumer Protection from Deceptive Acts as well as negligent misrepresentation, breaches of express Warranty, Implied Warranty of Merchantability and violation of the Magnuson Moss Warranty Act.
A similar class action lawsuit was filed against the Lidl company last week by consumers who claim that the company’s ice cream is flavored with fake vanilla, not as it claims on the label.
In addition, another class action lawsuit was filed in November 2019 against Mars Inc. by consumers who state the company is committing “food fraud” by stating that their M&M’s ice cream bars contain vanilla, when they in fact do not.
Did you purchase Prairie Farms Dairy Ice Cream? Leave a message in the comments section below.
The plaintiff is represented by Spencer Sheehan of Sheehan & Associates PC and Michael R. Reese of Reese LLP.
The Prairie Farms Vanilla Ice Cream Class Action Lawsuit is Larrell Darby, et al. v. Prairie Farms Dairy Inc., Case No. 1:20-cv-00151, in the U.S. District Court for the Southern District of New York.
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269 thoughts onPrairie Farms Class Action Says Vanilla Flavor is Fake
Please add me to the class action lawsuit against Prairie Farms. I consumed this product regularly
Add me please
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Add me please, I am disappointed about the ice cream, I really always liked praire farms ice cream.