NEW YORK (Legal Newsline) – Annie's Homegrown is facing a suit filed by a New York woman who alleges the labels on its vanilla ice cream products are misleading to consumers because the products lack a sufficient amount of vanilla.
Nancy Housell, individually and on behalf of all others similarly situated, filed a class action complaint Oct. 18 in the U.S. District Court for the Southern District of New York against Annie's Homegrown Inc. alleging violation of New York law and consumer protection statutes, negligent misrepresentation, fraud, unjust enrichment and other counts.
The suit states the defendant sells and manufactures ice cream products under the Annie's Homegrown brand, including vanilla ice cream sandwiches.
"The products are misleading because they do not contain the amount, type and percentage of vanilla as a component of the flavoring in the product which is required and consistent with consumer expectations," the suit states.
The plaintiff alleges that the ice cream sandwiches' ingredient lists only states that the product has been flavored with "organic natural flavor" and not vanilla itself.
The suit also states the product's front labels lack "any indication it is 'flavored' – 'naturally flavored' or 'artificially flavored.'"
Housell seeks monetary damages, interest, injunctive relief and all other just relief. She is represented by Michael Reese of Reese LLP in New York City and Spencer Sheehan of Sheehan & Associates PC in Great Neck, New York.
US. District Court for the Southern District of New York case number CV-09670.