Real Kosher hit with class action following ice cream recall

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Real Kosher class action overview: 

• Who: Plaintiff Chaya Gurkov filed a class action lawsuit against Real Kosher Ice Cream Inc. 
• Why: Real Kosher’s Ice Cream on the Go and sorbet products are advertised as having the best ingredients and best production and oversight, but instead the products are at risk of containing listeria.
• Where: The Real Kosher class action was filed in federal court in New York.

Plaintiff Chaya Gurkov filed a class action lawsuit against Real Kosher Ice Cream after its Ice Cream on the Go and sorbet products were recalled after it was found that they potentially contained listeria.

The Real Kosher ice cream recall is active in in California, Colorado, Connecticut, Delaware, Florida, Illinois, Massachusetts, Maryland, Michigan, Minnesota, North Carolina, New Hampshire, New Jersey, New York, Ohio, Oregon, Pennsylvania, Virginia, West Virginia and Washington, D.C. after two people were hospitalized with illnesses potentially linked to the products.

“Defendant’s advertising and marketing campaign is false, deceptive, and misleading because the products do contain, or risk containing, listeria monocytogenes, which is dangerous to one’s health, well-being, and even life,” the Real Kosher class action says. “Nevertheless, defendant does not list or mention listeria monocytogenes anywhere on the products’ packaging or labeling.”

The Real Kosher website makes claims about how the products have “Better Ingredients,” “Better Oversight,” and “Better Production” that would lead consumers to believe that they should pay a premium for the Ice Cream on the Go and sorbet but instead the recall showed that the process was flawed, the Real Kosher class action claims. 

Sorbet products aren’t ‘100% Natural’ as labels and advertising claim, Real Kosher class action says

The Real Kosher sorbet products are advertised as “100% Natural” but the Real Sorbet class action claims that the Premium Strawberry Sorbet and Premium Mango Sorbet actually contain sodium alginate, a synthetic ingredient extracted by breaking down seaweed into pieces and stirred with a hot solution such as sodium carbonate.

Have you ever eaten Soft Serve on the Go? Let us know in the comments.

The plaintiff is represented by Jason P. Sultzer and Daniel Markowitz of The Sultzer Law Group P.C. along with Nick Suciu III of Milberg Coleman Bryson Phillips Grossman, PLLC.

The Real Kosher class action lawsuit is Gurkov v. Real Kosher Ice Cream Inc., Case No. 1:23-cv-06128, in the U.S. District Court for the Eastern District of New York.

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