BROOKLYN, N.Y. (Legal Newsline) – A New York woman alleges Friendly's misrepresents the flavor source of its vanilla ice cream.
Miranda Fields and Jane Doe, individually and on behalf of all others similarly situated, filed a complaint on Aug. 28 in the U.S. District Court for the Eastern District of New York against Friendly's Manufacturing and Retail LLC alleging negligent misrepresentation, fraud and other counts.
The plaintiff alleges the defendant sells vanilla ice cream under the Friendly's label and that consumers expect that vanilla is the sole flavor source because of the representations "vanilla, "premium ice cream" and the absence of the terms "flavored" or "artificially flavored."
The plaintiff alleges that the defendant's products contain no real vanilla and rather are flavored with "natural flavor."
"Defendant’s listing of 'natural flavor' is not another way to refer to the exclusively vanilla ingredients consumers expect, and the law requires," the suit states.
The plaintiffs are seeking a trial by jury, punitive damages, interest, attorneys' fees, costs and just relief. They 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-04924