SAN DIEGO (Legal Newsline) – Two California consumers allege a pint of Halo Top ice cream is not a full pint.
Youssif Kamal and Gillian Neely filed a complaint on behalf of herself and all others similarly situated on June 15 in the U.S. District Court for the Southern District of California against Eden Creamery LLC, doing business as Halo Top Creamery, citing California's Unfair Competition Law, the Consumer Legal Remedies Act and other counts.
According to the complaint, the plaintiffs allege that the defendant underfills its "pints" of ice cream.
"Its containers are routinely underfilled, delivering less than a pint and oftentimes dramatically so. The amount of underfilling appears to be random to consumers, it can vary in amount of underfilling and appears to be unrelated to flavor of ice cream or the location of purchase. In short, it is difficult (if not impossible) for any consumer to know – until after purchase and upon opening the container – whether or not they will receive a full pint," the suit states.
The plaintiffs hold Eden Creamery LLC responsible because the defendant allegedly breached the implied contracts with made with them by selling them less than a pint of ice cream as advertised.
The plaintiffs request a trial by jury and seek judgment against defendant for all damages, certify the case as a class action; injunctive relief; monetary damages; compensatory, incidental and consequential damages; punitive damages; attorney's fees; costs; equitable relief; interest; and all other relief the court deems just. They are represented by Andrew J. Brown of Law Offices of Andrew J. Brown in San Diego.
U.S. District Court for the Southern District of California case number 3:18-cv-01298