In June 2019, a class-action lawsuit
was filed against Nestlé Dreyer’s Ice Cream Company for allegedly misleadingly marketing Edy’s vanilla ice creams by giving consumers the impression that the flavors are exclusively derived from vanilla beans when, according to plaintiffs, the ingredients list shows that the ice creams contain unspecified “Natural Flavor” and only some of the vanilla flavors contain vanilla extract. Plaintiffs also claim that the product label prominently states that the ice creams contain “No Artificial Colors or Flavors” but smaller, harder-to-see font discloses that they contain “added colors from natural sources.” According to plaintiffs, the added color is annatto (a food coloring used in cheddar cheese), which is added to make the color of the ice creams look more like the flavor comes from vanilla beans. In addition, the complaint alleges that the label misleadingly states that the ice creams are made using “Fresh Milk & Cream” when, according to plaintiffs, the ice creams are actually preserved and have a shelf life of several months. (Liou et al v. Nestlé Dreyer’s Ice Cream Company
, Case No. 19-cv-5762, E. D. NY.)
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