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Monday, December 9, 2019

Vanilla class actions hit Wegmans

Federal Court

By Marian Johns | Nov 19, 2019

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NEW YORK (Legal Newsline) – Wegmans Food Market is facing a class action lawsuit filed by consumers who allege the labels on its brand of ice cream products are misleading since they falsely claim to contain vanilla ice cream.

Quincy Steele and Jimmy Arriola filed a complaint Oct. 4 in the U.S. District Court for the Southern District of New York against Wegmans Food Market Inc. alleging breach of express warranty, implied warranty of merchantability, violation of the Magnuson-Moss Warranty Act, fraud and unjust enrichment. 

The plaintiffs allege the defendant's vanilla ice cream products are misleading because the ingredient lists state "natural flavor" instead of actual vanilla.

"'Natural flavor' means the products contain flavor not derived from vanilla beans, which is inconsistent with an ice cream flavor represented by an unqualified 'vanilla,'" the suit states. "The representations of the 'vanilla' in the name 'vanilla ice cream' are unqualified and the labels and packaging do not disclose the addition of non-vanilla flavors as part of vanilla ice cream."

The plaintiffs seek a trial by jury, an injunction to correct the alleged misleading labels and all other just relief. They are represented by Spencer Sheehan of Spencer & Associates PC and Michael Reese of The Reese Law Firm LLP in New York City.

U.S. District Court for the Southern District of New York case number 1:19-CV-09227-LLS 

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