Cold Stone Creamery sued over their “pistachio” ice cream (1 Viewer)

[Optimus Prime]

Imagine you are at the ice-cream shop, an array of colorful flavors lie before you in a glass case. A flavor calls to you, its label reads “pistachio”.

After your purchase, you look online at the ice-cream shop’s website. Turns out, the pistachio ice-cream had no pistachios in it. Instead, it had “pistachio flavoring”, made up of “water, ethanol, propylene, glycol, natural & artificial flavor, yellow 5 [and] blue 1”.

So what do you do? You gather other ice-cream aficionados and sue the ice-cream company.


That’s what a Long Island woman did after ordering the pistachio ice-cream in July 2022 at a Cold Stone Creamery and realizing the ice-cream was devoid of pistachios.

While the class-action suit has yet to go to court, Gary Brown, a federal judge at the eastern district court of New York in Brooklyn, is allowing the case to move forward. The suit targets Kahala Brands, the parent company of Cold Stone Creamery.

In a ruling last week, the judge appeared sympathetic to the woman’s claims that Cold Stone Creamery misled her and other customers by not including pistachios in what the company calls pistachio ice-cream.

“Had she known that the product did not contain pistachio, she would not have purchased it, or would have paid significantly less for it,” lawyers for the woman wrote in court filings.

The judge wrote that the case presented a “deceptively complex question about the reasonable expectations” of those who find themselves with such an ice-cream flavor.

“Should consumers ordering pistachio ice-cream at one of defendant’s establishments expect that the product will contain actual pistachios? And if the answer is no, should that leave them with a bitter aftertaste?” Brown wrote.

The judge at least agrees the question is worth sussing out in court, at least when it comes to the pistachio flavor. While the lawsuit named other alleged deceptive ice-cream flavors, including mango, coconut, mint, orange, orange sorbet and butter pecan, Brown said the lawsuit moving forward can only focus on pistachio, as it only brought forward sufficient evidence for that flavor alone.……

Cold Stone Creamery sued over ‘pistachio’ ice-cream with no pistachios

Judge says case presents ‘deceptively complex question about the reasonable expectations’ of those that purchase such a flavor

www.theguardian.com

 

[triumph]

Imagine you are at the ice-cream shop, an array of colorful flavors lie before you in a glass case. A flavor calls to you, its label reads “pistachio”.

After your purchase, you look online at the ice-cream shop’s website. Turns out, the pistachio ice-cream had no pistachios in it. Instead, it had “pistachio flavoring”, made up of “water, ethanol, propylene, glycol, natural & artificial flavor, yellow 5 [and] blue 1”.

So what do you do? You gather other ice-cream aficionados and sue the ice-cream company.


That’s what a Long Island woman did after ordering the pistachio ice-cream in July 2022 at a Cold Stone Creamery and realizing the ice-cream was devoid of pistachios.

While the class-action suit has yet to go to court, Gary Brown, a federal judge at the eastern district court of New York in Brooklyn, is allowing the case to move forward. The suit targets Kahala Brands, the parent company of Cold Stone Creamery.

In a ruling last week, the judge appeared sympathetic to the woman’s claims that Cold Stone Creamery misled her and other customers by not including pistachios in what the company calls pistachio ice-cream.

“Had she known that the product did not contain pistachio, she would not have purchased it, or would have paid significantly less for it,” lawyers for the woman wrote in court filings.

The judge wrote that the case presented a “deceptively complex question about the reasonable expectations” of those who find themselves with such an ice-cream flavor.

“Should consumers ordering pistachio ice-cream at one of defendant’s establishments expect that the product will contain actual pistachios? And if the answer is no, should that leave them with a bitter aftertaste?” Brown wrote.

The judge at least agrees the question is worth sussing out in court, at least when it comes to the pistachio flavor. While the lawsuit named other alleged deceptive ice-cream flavors, including mango, coconut, mint, orange, orange sorbet and butter pecan, Brown said the lawsuit moving forward can only focus on pistachio, as it only brought forward sufficient evidence for that flavor alone.……

Cold Stone Creamery sued over ‘pistachio’ ice-cream with no pistachios

Judge says case presents ‘deceptively complex question about the reasonable expectations’ of those that purchase such a flavor

www.theguardian.com

Big business going to big business if there is money to be made on misrepresenting the contents of what they're selling.

Findings from a study on Avocado Oil.

Study Finds 82 Percent of Avocado Oil Rancid or Mixed With Other Oils

Consumer demand is rising for all things avocado, including oil made from the fruit. Avocado oil is a great source of vitamins, minerals and the type of fats associated with reducing the risk of heart disease, stroke and diabetes. But according to new research from food science experts at the...

www.ucdavis.edu

“I was surprised some of the samples didn’t contain any avocado oil,” said Selina Wang, Cooperative Extension specialist in the Department of Food Science and Technology, who led the study recently published in the journal Food Control. “Most people who buy avocado oil are interested in the health benefits, as well as the mild, fresh flavor, and are willing to pay more for the product. But because there are no standards to determine if an avocado oil is of the quality and purity advertised, no one is regulating false or misleading labels. These findings highlight the urgent need for standards to protect consumers and establish a level playing field to support the continuing growth of the avocado oil industry.”

 

[guidomerkinsrules]

I hope this case drags out for years and her judgement award is $5 coupon fir another ice cream cone

 

[St. Widge]

The funny part of this is that most "pistachio" ice cream uses almond flavoring and then adds pistachio nuts. So, it they put real pistachio flavoring she probably would have thought it did not taste like pistachio ice cream.

I would submit that you buy ice cream for the taste, not based on what you think is in it.

Also, I really hope Chunky Monkey does not contain monkey.

 

[guidomerkinsrules]

The funny part of this is that most "pistachio" ice cream uses almond flavoring and then adds pistachio nuts. So, it they put real pistachio flavoring she probably would have thought it did not taste like pistachio ice cream.

I would submit that you buy ice cream for the taste, not based on what you think is in it.

Also, I really hope Chunky Monkey does not contain monkey.

Neapolitan is Italian for Soylent green

 

[Grumpy Old Manatee]

That’s just nuts. Or, maybe it isn’t…