Halo Top Creamery Ice Cream Isn’t Full Pint, Class Action Says

Halo Top Creamery faces a class action lawsuit alleging that their “pint” sized ice cream containers are underfilled and contain less than a pint of ice cream.

Plaintiffs Youssif Kamal and Gillian Neely have filed a lawsuit against Eden Creamery LLC, the operating company for Halo Top Creamery, alleging that Halo Top ice cream “pint” sized containers do not actually contain a pint of ice cream.

Halo Top is a premium ice cream advertised a “guilt-free” because it contains low calories and additional health benefits such as protein.

Consumers allegedly pay a higher price for Halo Top ice cream, paying up to $6.99 per pint – as much as popular competitor brands such as Ben & Jerry’s and Haagen-Dazs.

A prominent feature of Halo Top ice cream is the displayed calorie count per pint, playing on the idea of sitting down and eating the whole pint in a guilt-free way.

“Halo Top is something where people can eat the whole pint, or a lot more than a quarter of a cup of ice cream. It can fit into their diet without breaking the calorie bank,” said Halo Top CEO Justin Woolverton.

However, Kamal and Neely claim that Halo Top significantly underfills its pints of ice cream, meaning consumers receive an arbitrary amount of ice cream which is less than a pint.

The Halo Top ice cream class action says the amount of underfilling is random to consumers, unrelated to flavor or the location of purchase. This reportedly makes purchasing Halo Top ice cream full of uncertainty.

“Just as consumers expect to be paying the advertised price for a full gallon of gasoline, so too they expect to be paying the advertised price for a full pint of ice cream,” the Halo Top class action states. “But when purchasing a pint of Halo Top ice cream, consumers frequently do not get a full pint.”

Plaintiffs argue that the underfilling problem is well known to the company. The Halo Top ice cream class action references the company’s website where they house a “low fill form response.” Despite acknowledging the problem with a specialized form, the company allegedly has not changed its practices and continues to sell underfilled pints.

The Halo Top class action argues that the company conceals important facts and deceives consumers by advertising their products as a full pint when it is actually underfilled.

“By concealing the true volumes to Plaintiffs and members of the proposed class, Halo Top has represented, and continues to represent, that ice creams have characteristics, uses and benefits, or qualities that they do not have, and that they are of a particular standard, quality, or amount, when they are not,” the Halo Top Creamery ice cream class action lawsuit states.

Kamal and Neely seek to represent a Class of consumers who purchased Halo Top ice cream and received less than a full pint. They also seek to represent one multi-state Class or multiple single state Classes of California consumers and consumers from states with similar protections.

The Halo Top class action seeks compensatory damages, incidental damages, consequential damages, punitive damages, restitution, disgorgement, court costs, and attorneys’ fees.

The plaintiffs are represented by Andrew J. Brown of The Law Offices of Andrew J. Brown.

The Halo Top Creamery Ice Cream Class Action Lawsuit is Kamal, et al. v. Eden Creamery LLC d/b/a Halo Top Creamery, Case No. 3:18-cv-01298-BAS-AGS, in the U.S. District Court for the Southern District of California.