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Wednesday, April 1, 2020

Man claims 7-Eleven's vanilla ice cream product labels are misleading regarding flavoring amount

Federal Court

By Marian Johns | Dec 9, 2019

00863

BROOKLYN, N.Y. (Legal Newsline) – A New York man has filed a complaint against 7-Eleven over allegations its 7-Select Go! Yum Brand vanilla ice cream products have false and misleading labels regarding the amount and type of vanilla flavoring used in the products. 

Lorenzo Benites, individually and on behalf of all others similarly situated, filed a complaint Nov. 20 in the U.S. District Court for the Eastern District of New York against 7-Eleven Inc. alleging violation of New York general business law, breach of express warranty, implied warranty of merchantability, violation of the Magnuson-Moss Warranty Act, fraud and unjust enrichment and other counts. 

Benites alleges in his complaint that the 7-Eleven ice cream brand labels are "misleading because they do not contain the amount, type and percentage of vanilla beans and vanilla extract or vanilla flavoring" to meet requirements and "consumer expectations." He also claims that the alleged false labeling allows the product to be sold at and the consumer to pay a "premium price."

Benites seeks injunctive relief, a trial by jury, interest and all other just relief. He is represented by Spencer Sheehan of Sheehan & Associates PC in Great Neck, New York, and Michael R. Reese of Reese LLP in New York City.

U.S. District Court for the Eastern District of New York case number 1:19-CV-06551

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