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Second Arctic Zero Class Action Lawsuit Filed Over Calorie Count
By Kimberly Mirando
A second class action lawsuit has been filed against Arctic Zero claiming its frozen desserts have 46% to 68% more calories than advertised.
California Plaintiff Brenda Freeman alleges in the Arctic Zero false advertising class action lawsuit that the company deceptively labels and markets its frozen treats as having only “150 calories per pint.” However, recent independent laboratory tests performed by EMSL Analytical, Inc. indicate that the frozen desserts contain up to 68% more calories than advertised, including Artic Zero Chocolate Peanut Butter. Another example, Arctic Zero Vanilla Maple, has 46% more calories than the 150 calories prominently advertised on the front of the product packaging as well as on its nutritional label, the class action lawsuit states.
These are the same allegations raised in a separate Arctic Zero calorie class action lawsuit filed by another California consumer in August.
Both consumers say they only purchased the Artic Zero frozen desserts based on the product packaging’s promise that they were a healthy food choice and contained only 150 calories per pint. Had they known otherwise, they would not have purchased the treats, their lawsuits claim.
The Artic Zero class action lawsuits are seeking to represent a proposed class of all U.S. persons who, since 2009, purchased any Artic Zero frozen desserts advertised as containing 150 calories per pint or less. They’re seeking damages and restitution for Class Members as well as an injunction barring Artic Zero from continuing to falsely advertise the calorie content of their products.
A copy of the Freeman’s Artic Zero Frozen Dessert Class Action Lawsuit can be read here. She is represented by L. Timothy Fisher and Sarah N. Westcot of Bursor & Fisher, P.A.
The case is Brenda Freeman v. Artic Zero, Inc., Case No. 12-cv-2279 L BGS, U.S. District, Southern District of California.
Updated September 20th, 2012
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2 thoughts onSecond Arctic Zero Class Action Lawsuit Filed Over Calorie Count
I love your Arctic zone ice cream bars. I especially like your chocolate coated salted caramel and chocolate coated mint bars. Please tell me where I can find them.I live in the Memphis Germantown area. I have one left and I am so upset. I hope you can help me.
I ? the Artic Zone IIcleCream bars. I especially like the chocolate coated meant bars in the salted Caramel bars. I have looked for them all over Memphis and Germantown. Please help me find them.