Turkey Hill Class Action Says Vanilla Ice Cream is Mislabeled

Turkey Hill ice cream is mislabeled as containing real vanilla, according to a recent class action lawsuit.

The manufacturer reportedly sells numerous types of ice cream products including their All Natural Ice Cream, Premium Ice Cream, Light Ice Cream, No Sugar Added Ice Cream, Ice Cream Sandwiches, Sundae Cones, and Individual Selections.

Around half of their products allegedly contain a form of vanilla ice cream either exclusively or as part of a combination in a product.

Some of the product flavors reportedly represented as containing vanilla ice cream are: Homemade Vanilla, Vanilla Bean, Vanilla Bean & Chocolate, Vanilla Peanut Butter, French Vanilla, Original Vanilla, Vanilla, Vanilla & Chocolate, Vanilla Chocolate Crunch, and more.

The recent Turkey Hill class action lawsuit claims that the vanilla flavor is misleading because the company “misrepresent[s] the exclusive flavor source, the amount of vanilla, the percentage of vanilla compared to the overall flavor component.”

These products are reportedly marketed as “all natural” and “naturally simple.” The labeling for the ice cream claims that it is “made with the same ingredients you would use to make ice cream at home.”

However, the Turkey Hill vanilla ice creams reportedly use additional flavoring to reinforce the characterizing vanilla flavor but fail to disclose this on the labeling. The ingredient list for the ice creams allegedly lists “vanilla” and “natural flavors” as their flavoring sources.

According to the Turkey Hill class action, “natural flavors” could refer to numerous ingredients other than vanilla extract, including vanilla flavoring, concentrated vanilla flavoring, vanilla powder, and even “vanillin” ingredients products from non-vanilla ingredients such as wood pulp, coal tar, and plant fiber.

The Turkey Hill class action claims that the company cannot label their products without a “flavored” or “artificially flavored” statement on their front label due to the presence of other, non-vanilla flavors.

Regulations require the flavor source of food items to be clearly stated on the front of product labels. If the item’s “characterizing flavor” is supported by additional and/or artificial flavorings, this needs to be disclosed on the labeling.

The Turkey Hill class action claims that, despite these regulations, some of the company’s ice cream products are not labeled with a “flavored” or “artificially flavored” statement.

Turkey Hill’s “Premium Ice Cream” products allegedly have labels that disclose that the products are “naturally & artificially flavored,” but the disclaimer is printed in a light color over a picture of white ice cream, making it difficult for consumers to read. The Turkey Hill class action claims that this declaration is misleading due to its lack of visibility.

Plaintiffs in the Turkey Hill class action seeks to represent a Class of consumers who purchased Turkey Hill ice cream products containing the “actionable representations.” The plaintiffs also seek to represent a Class of the same consumers from New York.

The Turkey Hill class action lawsuit seeks injunctive relief, restitution, disgorgement, treble damages, punitive damages, court costs, and attorneys’ fees.

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

The Turkey Hill Vanilla Ice Cream Class Action Lawsuit is Kane, et al. v. Turkey Hill LP, Case No. 2:19-cv-04794, in the U.S. District Court for the Eastern District of New York.

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