BROOKLYN, N.Y. (Legal Newsline) – A lawsuit has been filed against the makers of Dove ice cream products over allegations the products are falsely advertised as containing vanilla ice cream.
Mohammed Garadi and Jane Doe, individually and on behalf of all others similarly situated, filed a complaint on May 30 in the U.S. District Court for the Eastern District of New York against Mars Wrigley Confectionery US LLC alleging violation of California's False Advertising and Unfair Competition Law, negligent misrepresentation, breach of express warranty, fraud and unjust enrichment.
The defendant is a manufacturer of Dove ice cream bars with milk chocolate, dark chocolate and milk chocolate with almond shells, all of which are advertised as having vanilla ice cream on the inside. The suit states that the defendant's ingredients and labeling are misleading, however, because the "labeling leads consumers to believe the flavor source is vanilla extract or another vanilla flavoring derived solely from vanilla beans when it is not."
The suit states the products' labels list "natural flavoring" and the plaintiffs allege that it is "improbable" that the products can vanilla extra or vanilla flavor as the primary source.
The plaintiffs are seeking a trial by jury, interest, costs and expenses, punitive and treble damages, attorneys' fees and other relief deemed fit. The plaintiffs are represented by Spencer Sheehan of Sheehan & Associates PC in Great Neck, New York.
U.S. District Court for the Eastern District of New York case number 1:19-CV-03209