Parties Agree to Drop Breyers All Natural Class Action Lawsuit

Both parties have agreed to dismiss a Breyers all natural class action lawsuit in New Jersey state court, although the motion to end the case did not outline what terms, if any, were included as part of the agreement.

According to the original false advertising class action lawsuit, a New Jersey man alleged that Breyers was able to charge a premium price because of prominent labeling on its ice cream products claiming that they contained all natural ingredients. However, the chocolate ice cream allegedly included alkalized cocoa, a type of chocolate produced with a synthetic ingredient.

This type of cocoa, pioneered two centuries ago in the Netherlands, is used by food makers because it is more palatable to American consumers and it’s easier to blend with other ingredients, according to industry experts. However, the false advertising class action lawsuit disagreed, arguing that while the process may be common, that the type of chocolate used in Breyers ice cream was not “all natural” per the claims.

Companies like the producer of Breyers ice cream have come under increasing fire in the form of food mislabeling class action lawsuits in recent years. There is a growing trend for consumers to purchase products that have fewer or no synthetic ingredients. However, with the overwhelming wave of new litigation, there has been little guidance from the U.S. Food and Drug Administration regarding what does or does not constitute a natural ingredient and what other requirements food manufacturers must comply with in order to sell their products legally.

As a result, while the New Jersey man and the ice cream maker were able to resolve whatever differences they had prior to the case moving forward, other judges in different jurisdictions have handled these types of food mislabeling class action lawsuits with a wide range of results.

Some of them have allowed food mislabeling class action lawsuits to proceed if they believe that they are not preempted by the U.S. Food and Drug Administration. Others have found that the guidance and regulations of the federal agency preempt any sort of consumer litigation regarding labeling and other advertisements regarding so called all natural foods. Several could be before the Supreme Court in the next session depending on appeals.

The plaintiff is represented by Bruce Greenberg and Susana Cruz Hodge of Lite DePalma Greenberg LLC.

The Breyers All Natural Class Action Lawsuit is Jefferson v. Conopco Inc., Case No. L-7025-14, in the Superior Court of New Jersey, Bergen County.