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Rebel Creamery class action overview:
- Who: Two ice cream buyers are suing Rebel Creamery
- Why: The pair say the ice cream company deceives consumers about how healthy its ice cream is
- Where: California federal court
Rebel Creamery runs a deceptive marketing scheme in order to convince consumers that its high-fat ice cream products are healthy, and healthier than other products, a new class action lawsuit alleges.
Plaintiffs Angela Davis and Bonnie Bennet filed the class action lawsuit against Rebel Creamery LLC July 13 in a California federal court, alleging violations of state and federal consumer laws.
They allege that Rebel sells a variety of ice cream flavors using a deceptive marketing campaign focused on claims that appeal to health-conscious consumers.
They allege that the campaign stresses the importance of fat consumption, the health benefits of high fat diets, and the healthy nature of Rebel ice cream products.
For example, all the company’s products allegedly have a description printed on the label stating that common benefits people may experience on a low carb, high fat diet are weight loss, increased energy, suppressed appetite, and mental clarity.
“However, this is false, misleading, and deceptive because Defendant’s Products contain high amounts of unsafe fats which increase the risk of severe health issues, including coronary heart disease – the number one killer of Americans every year,” the lawsuit states.
Company charged more than product was worth, lawsuit alleges
It says, in comparison, every flavor of the Rebel products contains more saturated fat per serving than a Burger King Cheeseburger, an Arby’s Classic Roast Beef Sandwich, a KFC Fried Chicken Breast, or three large orders of McDonald’s fries.
In stark contrast to the healthy representations, Rebel’s products contain unhealthy levels of saturated fat, the plaintiffs say. As a result of its marketing, it charged more for the product than the product was worth, they say.
The plaintiffs are looking to represent anyone who bought the company’s products in the United States, plus a California Subclass.
They are suing for violations of California consumer laws, breach of warranty and unjust enrichment .
They are seeking certification of the class action, an injunction preventing the company from continuing the alleged marketing practices, damages, disgorgement of profits, fees, costs and a jury trial.
Recently, a class action lawsuit accusing Whole Foods of mislabeling its organic chocolate ice cream bars was dismissed by an Illinois federal judge.
Meanwhile, Van Leeuwen Ice Cream is voluntarily recalling 2,185 14 oz. pints of its non-dairy frozen dessert “Oat Milk Brown Sugar Chunk” because it may contain traces of undeclared tree nuts.
What do you think about the company’s marketing of its ice cream? Let us know in the comments!
The plaintiffs are represented by Good Gustafson Aumais LLP, Shenaq PC, The Keeton Firm, LLC.
The Rebel Creamery class action lawsuit is Angela Davis et al., v. Rebel Creamery LLC, Case No. 3:22-cv-04111 in the U.S. District Court Northern District of California.
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