CENTRAL ISLIP, N.Y. (Legal Newsline) – A New York man has filed a lawsuit against an ice cream manufacturer over allegations it misleads consumers about the ingredients in its vanilla ice cream.
Russell Kane and Jane Doe, individually and on behalf of all others similarly situated, filed a complaint Aug. 20 in the U.S. District Court for the Eastern District of New York against Turkey Hill L.P. alleging negligent misrepresentation, fraud, unjust enrichment and other counts.
The plaintiffs allege that they were misled about the nature of the defendant's vanilla ice cream and novelties containing vanilla ice cream. They allege labeling of "vanilla" implies natural flavoring, but the defendant uses artificial vanilla flavoring, which is significantly cheaper and less valuable than real vanilla. The plaintiffs allege the defendant does not use flavoring exclusively derived from vanilla beans.
The plaintiffs allege the defendant's usage of the term "vanilla" was misleading and used for the sole purpose of making the plaintiffs purchase its product.
The plaintiffs are seeking a trial by jury, interest, monetary damages, reasonable fees, attorneys' fees and just relief. They are represented by Spencer Sheehan of Sheehan & Associates P.C. in Great Neck, New York.
U.S. District Court for the Eastern District of New York case number 2:19-CV-04794