BROOKLYN, N.Y. (Legal Newsline) – A Queens County, New York consumer alleges the maker of a frozen dessert misrepresents the composition of the product.
Romel Hightower filed a complaint individually and on behalf of all others similarly situated on Jan. 1 in the U.S. District Court for the Eastern District of New York against Beyond Better Foods LLC alleging negligent misrepresentation and other counts.
According to the complaint, the defendant manufactures frozen desserts under the Enlightened brand with the slogan "The Good-For-You Ice Cream." The plaintiff alleges the "ice cream" statement is misleading.
"Defendant manufactures and sells products which purport to be ice cream yet is not ice cream and to the extent it is ice cream, is a modified low fat or light ice cream," the suit states. "The products, by their representations as a form of ice cream, warranted to plaintiff and class members that they contained ingredients suitable for inclusion, which means the most important element – milkfat – would not be replaced with ingredients derived from a non-dairy source, viz, vegetables (soluble corn fiber)."
The plaintiff holds Beyond Better Foods LLC responsible because the defendant allegedly misrepresented the composition of its products to induce consumers to purchase the products and failed its duty to disclose and/or provide accurate labeling of its products.
The plaintiff requests a trial by jury and seek judgment against defendant, injunctive relief, monetary damages and interest, treble and punitive damages, attorneys and expert fees, costs and expenses, and further relief as the court deems just. He is represented by Spencer Sheehan of Sheehan & Associates PC in Great Neck, New York and Joshua Levin-Epstein of Levin-Epstein & Associates PC in New York, New York.
U.S. District Court for the Eastern District of New York case number 1:19-cv-00004