Halo Top Ice Cream
May 2018: A class-action lawsuit was filed against Eden Creamery for deceptively marketing Halo Top ice cream. The complaint alleges that the company fails to adequately disclose that, due to its fat and calorie content, Halo Top ice cream is, according to federal regulations, a “light ice cream” by placing the disclosure away from the brand name and flavor in a font that is small and difficult to see. Plaintiffs also claim that Halo Top ice cream contains ingredients (inulin and erythritol) that make the ice cream chill at a lower temperature and crystallize after freezing, which makes the ice cream have a harder texture than other ice creams. In addition, the complaint alleges that the company misleadingly markets Halo Top ice cream as being “All Natural” and containing “No Artificial Sweeteners” when, according to the plaintiffs, the products contain artificial and synthetic ingredients. (Plaintiffs filed an amended complaint in September 2018.) (Berger et al v. Eden Creamery, LLC, Case No. 18-cv-2745, E. D. NY.)
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When a complaint is dismissed with prejudice, it cannot be refiled.