Eater alleges Kroger can't use 'artisan' on vanilla ice cream because it is a mass-manufactured

By Carrie Bradon | Jun 5, 2019

LOS ANGELES (Legal Newsline) – A California woman alleges a grocery store chain’s use of the word “artisan” on a flavor of ice cream is deceptive and misleading.

Jennifer O'Neil, individually and on behalf of all others similarly situated, filed a complaint on March 25 in the Los Angeles County Superior Court against The Kroger Co. and Does 1-10 alleging violation of California Unfair Competition Law and false and misleading advertising.

The suit states the defendant manufactures Kroger’s Deluxe Churned Artisan vanilla bean ice creams. The plaintiff alleges that the word artisan “refers to a high quality or distinctive product made in small quantities, usually by hand using traditional methods by someone skilled in the trade,” the suit states.

The plaintiff alleges because the defendant is a mass manufacturer of goods and does not make small batches of items, making the claim that the ice cream was artisanal false and misleading.

The plaintiff is seeking a trial by jury, attorneys' fees, court costs and other relief deemed fit. The plaintiff is represented by Shireen M. Clarkson, Ryan J. Clarkson, Matthew T. Theriault and Celine Cohen of Clarkson Law Firm PC in Los Angeles.

The defendant removed the case May 13 to the U.S. District Court for the Central District of California.

U.S. District Court for the Central District of California case number 2:19-CV-04125

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