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Tuesday, November 12, 2019

Snacker alleges vanilla ice cream sold by Aldi doesn't have vanilla in it

Federal Court

By Carrie Bradon | Sep 10, 2019

00863

BROOKLYN, N.Y. (Legal Newsline) – Discount grocery store chain Aldi is being sued by a consumer who alleges its vanilla ice cream does not actually contain vanilla.

Jami Weber-Lugo, Jane Doe, individually and on behalf of all other similarly situated, filed a complaint on Aug. 24 in the U.S. District Court for the Eastern District of New York against Aldi Inc., alleging  unjust enrichment, negligent misrepresentation and breach of express warranty.

The suit states the defendant sells ice cream under its Sundae Shoppe and Belmont labels that are represented as vanilla ice cream on its labels, point-of-sale marketing and other ads.

The plaintiffs allege that because the products are represented as vanilla, consumers expect them to only contain flavor derived from vanilla. The suit states that the defendant's goods do not contain actual vanilla but rather contained artificial vanilla flavoring. 

Additionally, the plaintiffs allege the defendant's product is colored with annatto, a common food coloring to give the ice cream a color that resembles ice cream made with vanilla bean components.

The plaintiff is seeking trial by jury, interest, monetary damages, attorneys' fees and costs and just relief. The plaintiff is 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-04861

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U.S. District Court for the Eastern District of New York Brooklyn Division

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