WHITE PLAINS, N.Y. (Legal Newsline) – A New York woman has initiated a proposed class action lawsuit against Mars alleging the labels on its vanilla M&M ice cream bar products don't reflect the true amount of vanilla flavor in the ice cream.
Sherise Richardson, individually and on behalf of all other similarly situated, filed a complaint Nov. 23 in the U.S. District Court for the Southern District of New York against Mars Inc. alleging violation of New York General Business Law and consumer protection statutes of other states and territories, negligent misrepresentation, breaches of express warranty, implied warranty of merchantability and Magnuson Moss Warranty Act, fraud and unjust enrichment.
Richardson alleges in her complaint that the labels on Mars' ice cream bars sold under its M&M brand contain misleading labels because "the front label statements of 'vanilla' and 'vanilla reduced fat ice cream' fail to adequately inform consumers that the products actually contain 'non-vanilla flavors.'" Richardson also claims Mars' products "do not contain the amount, type and percentage of vanilla as a component of the flavoring in the ice cream, which is required and consistent with consumer expectations."
Richardson seeks monetary relief, trial by jury and other just and proper relief. She is represented by Spencer Sheehan of Sheehan & Associates PC in Great Neck, New York, 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 7:17-CC-10860