Breyers All Natural Ice Cream Class Action Settlement

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Breyers All Natural Ice Cream Class Action Settlement

By Mike Holter

Breyers has reached a class action lawsuit settlement over claims it’s “All Natural” ice cream contains processed ingredients. If you purchased Breyers All Natural Original Ice Cream or Breyers Smooth & Dreamy ½ Fat All Natural Ice Cream in the last eight years, you may be entitled to receive a cash payment from the class action settlement. But hurry – the deadline to submit a claim is August 30, 2012.

The Breyers ice cream settlement will resolve a class action lawsuit, entitled Thurston, et al. v. Conopco, Inc., d/b/a Unilever, that alleges Unilever misrepresented its Breyers brand ice cream products as being “All Natural” despite the fact they contain alkalized cocoa, a non-natural processed ingredient that additionally contains potassium carbonate, a man-made synthetic ingredient. Unilever denies any wrongdoing, but has agreed to provide $2.5 million in restitution as part of a class action lawsuit settlement to resolve the litigation.

Class Members of the Breyers ice cream class action settlement include U.S. residents who purchased Breyers All Natural Original Ice Cream or Breyers Smooth & Dreamy ½ Fat All Natural Ice Cream containing alkalized cocoa between November 4, 2004 and March 30, 2012, including:

All Natural Original Ice Cream Flavors: Black Raspberry Chocolate, Chocolate Chip Cookie Dough, Chocolate Chip, Chocolate Cookies & Cream, Extra Creamy Chocolate, Mint Chocolate Chip, NASCAR Checkered Flag Vanilla & Chocolate, Rocky Road, Triple Chocolate, Vanilla, Chocolate, Vanilla Fudge Brownie, Vanilla Fudge Twirl, Vanilla, Chocolate, and Strawberry; AND the following Smooth & Dreamy 1/2 Fat All Natural Ice Cream flavors: Caramel Tracks, Chocolate Chocolate Chip, Coffee Fudge Brownie, Cookies & Cream, Creamy Chocolate, Dark Chocolate Velvet, Mint Chocolate Chip, Rocky Road, and Vanilla Chocolate Strawberry.

As a Class Member, you’re entitled to receive restitution in the amount of $2 per unit of Breyers ice cream product you purchased, up to and including 3 units, without submitting proof of purchase. Class Members who claim more than 3 units of ice cream must submit proof of purchase, such as a receipt or container label.

The only way to receive a cash payment from the Breyers class action settlement is to submit a claim form by mail postmarked on or before August 30, 2012.

Claim forms can be downloaded from the Settlement Administrator’s website: www.IceCreamSettlement.com.

A Final Fairness Hearing will be held September 12, 2012.

More information on your rights in the Breyers All Natural Ice Cream Class Action Settlement can be found at www.IceCreamSettlement.com.

UPDATE 9/5/2012

I’m VERY sorry this was posted RIGHT BEFORE IT ENDED. We weren’t informed of the settlement until two days before it closed. We rushed to get it up so our viewers who are friends with us on Facebook or hit the site daily could get in, but, it shouldn’t have gone in the newsletter. This was my fault. I thought I removed it from the newsletter. I obviously didn’t. Part of the problem is that we aren’t included in the notice plan for 99% of the settlements we post. We do it as a service for a our viewers and aren’t paid for it. The attorneys in this case:

Joseph N. Kravec, Jr., Esq.

STEMBER FEINSTEIN DOYLE PAYNE & KRAVEC, LLC

429 Forbes Avenue 17th Floor

Pittsburgh, Pennsylvania 15219

(412) 281-8400

(888) 355-1735

Janet Lindner Spielberg

LAW OFFICE OF JANET LINDNER SPIELBERG

12400 Wilshire Blvd., Ste 400

Los Angeles, CA 90025

(310) 392-8801 ‎

Michael D. Braun

BRAUN LAW GROUP, P.C.

10680 W. Pico Blvd., Suite 280

Los Angeles, CA 90064

(310) 836-6000

James S. Notis

GARDY & NOTIS, LLP

560 Sylvan Avenue

Englewood Cliffs, New Jersey 07632

(201) 567-7377

did NOT email Top Class Actions or tell us in any way about it. They also didn’t include us in the notice plan, which makes sure that 1. we get paid to list it (we charge about 1/10 of what it costs to list the settlement in a nationwide newspaper and obviously have a much larger impact) and 2. that would have given you, the viewers, at least 30 days to submit a claim, if not more. If you’re upset about this, I would encourage you to contact their offices and let them know. They control who is told, and how they are told, for the settlements they negotiate. Top Class Actions strives to make sure that our viewers get to see, and submit valid claims, for as many settlements as possible. Unfortunately, when law firms don’t inform us of the settlements we’re stuck digging through press releases and court records to find them ourselves. It’s terribly inefficient and we’re working to improve that. Call them and let them know THEY NEED TO LIST THEIR SETTLEMENTS ON TOP CLASS ACTIONS! YOU are the voices that can make a difference. YOU are the ones they will listen to. I can tell them until I’m blue in the face that they need to list the settlement on TCA, but, unless their phones are ringing off the hook they won’t “get” it. Thanks for your support! I will do everything I can to make sure this doesn’t happen again!

Warm Regards,

Scott

Scott Hardy

President of Top Class Actions 

Updated September 5th, 2012

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