Price Chopper Class Action Lawsuit Says No Vanilla in Ice Cream!
Price Chopper is facing a class action lawsuit for falsely labeling its vanilla ice cream product leading consumers to believe that it is made of real vanilla.
Consumers allege that the PICS-brand Vanilla Bean Ice Cream did not disclose the presence of artificial flavoring on its labeling. The product is labeled as “Vanilla Bean,” “Vanilla Bean Ice Cream,” has an amber color pattern “evocative of vanilla,” and has two scoops of the product with noticeable “vanilla bean specks” on its 1.5-quart packaging.
The class action is filed under the name: Luke Magnuson, et al. v. The Price Chopper Inc., Case No. 7:20-cv-07497, S.D. NY.
Did you or a family member purchase a Price Chopper’s PICS brand Vanilla Bean Ice Cream and think that you may be affected by the allegations on the lawsuit? If you did, contact us today for help.Contact Us
The PICS brand Vanilla Bean Ice Cream Misrepresentation
According to the class action lawsuit, “The Product’s front label does not state ‘contains some vanilla’ or ‘made with a drop of vanilla,’ but designates the characterizing flavor as ‘Vanilla’ without qualifying terms.”
The product’s ingredient list puts the vanilla flavoring as reinforced with “natural flavor” and is listed higher than “ground vanilla beans.” Consumers argue that the label “natural flavor” suggests that products have both real vanilla and added vanillin flavorings. Saying otherwise would have put pure vanilla ingredients like vanilla extract on the ingredient list.
Consumers contend that the product should have been labeled as “Vanilla Bean Flavored Ice Cream” or “Vanilla with Other Natural Flavors”, further stressing that “the representations are misleading because the Product contains artificial, non-vanilla flavors not disclosed to consumers, less vanilla than consumers expect and the vanilla bean specks only give the illusion of more vanilla but do not contribute any vanilla taste. A reasonable consumer cannot follow up or learn the truth that the Product contains non-vanilla artificial flavors, from reading the Product’s ingredient list because the defendant labels the flavor as ‘Natural Flavor’ and fails to provide clarification elsewhere on the Product.”
Because of this, consumers paid higher than what the product really costs, stating that natural or genuine flavorings cost so much more than artificial flavorings, particularly when it comes to vanilla as it is one of the most expensive food ingredients.
The class action lawsuit accuses Price Chopper of negligent misrepresentation, breach of warranties, violation of the Magnuson Moss Warranty Act, fraud, unjust enrichment, and violations of consumer protection laws.
Editor’s note on the Price Chopper Vanilla Ice Cream Lawsuit:
This piece is written about the recent Price Chopper Vanilla Ice Cream Lawsuit. If you are considered eligible to be among the class of consumers described in the class action, you may eventually be able to participate in receiving any compensation the court may award.Contact Us
If you believe that what is alleged in the Price Chopper Vanilla Ice Cream Class Action has affected you, please don’t hesitate to reach out to us. We’d be happy to help you take a step in the right direction, fight this issue, and better enable you to join the consumer class action. If interested, please send an email to Outreach@ConsiderTheConsumer.com, find us on Twitter or Facebook, or even connect with us directly on our website! We look forward to hearing from you all.
Similarly, please check out our current list of Class Actions and Class Action Investigations, here.
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