EAST ST. LOUIS, Ill. (Legal Newsline) -- A woman is suing the company that makes Haagen-Dazs ice cream bars, claiming it advertises chocolate that is not actual chocolate.
Patricia Zurliene filed a class action complaint on June 28 in the U.S. District Court for the Southern District of Illinois against Dreyer's Grand Ice Cream, Inc., for false advertisement, Illinois consumer fraud and deceptive business practices act, breach of express warranty, implied warranty of merchantability, violation of the Magnuson Moss Warranty Act, negligent misrepresentation, fraud and unjust enrichment.
According to the complaint, Haagen-Dazs advertises its vanilla milk chocolate ice cream bars as “dipped in, then drizzled in rich milk chocolate,” and has a chunk of chocolate on the packaging. The complaint goes into the dictionary definition of chocolate - “prepared from ground roasted cacao beans,” and “a preparation of the seeds of cacao, roasted, husked, and ground, often sweetened and flavored, as with vanilla."
”Federal and state regulations require that where a food has some chocolate but is supplemented by a non-de minimis amount of chocolate substitutes, it should be disclosed on the front label as 'milk chocolate and vegetable oil coating.'”
Zurliene alleges that the ice cream bars in question are made with a “chocolate” product that is made with lower-cost ingredients, but the company is advertising higher-value ingredients, causing consumers to pay more and get less.
Zurliene seeks injunctive relief for the company to correct its practices, monetary damages, costs and expenses for attorneys and suit. Zurliene is represented by Spenser Sheehan of Sheehan and Associates, P.C.
U.S. District Court Southern District of Illinois case number 3:21-cv-00747-DWD