Certain Real Kosher Ice Cream Soft Serve Products May Contain Dangerous Bacteria, Class Action Alleges

New to ClassAction.org? Read our Newswire Disclaimer

A proposed class action lawsuit accuses Real Kosher Ice Cream, Inc. of failing to warn consumers that some of its soft serve ice cream and sorbet products may contain disease-causing bacteria.

Want to stay in the loop on class actions that matter to you? Sign up for ClassAction.org’s free weekly newsletter here.

The 32-page lawsuit claims the Brooklyn, New York-based manufacturer has misleadingly marketed some of its soft serve products as safe for consumption when, in fact, the items were recalled on August 9 of this year due to potential contamination by the harmful bacteria Listeria monocytogenes. The suit relays that the products at issue include at least Soft Serve on the Go Vanilla Chocolate, Soft Serve on the Go Razzle, Soft Serve on the Go Caramel, Soft Serve on the Go Parve Vanilla Chocolate, Soft Serve on the Go Sorbet Strawberry Mango and Soft Serve Peanut Butter Light.

Although the company represents on its website that its ice cream and sorbet cups include “[b]etter [i]ngredients” with “[b]etter [o]versight” during production, the products have the potential to contain bacteria that cause listeriosis, a particularly dangerous and life-threatening foodborne illness, the case alleges.

According to the complaint, Listeria monocytogenes can cause serious health conditions such as fever, sepsis, meningitis, encephalitis, gastroenteritis and more, and is especially unsafe for high-risk groups like pregnant women, infants, immunocompromised individuals and the elderly.

The filing argues that the products’ packaging, which omits any kind of warning about the possible presence of harmful bacteria, misleads consumers to believe that they are buying a food item that is safe for consumption.

Moreover, the complaint claims Real Koser Ice Cream has falsely represented its Premium Strawberry Sorbet and Premium Mango Sorbet as “100% Natural,” given that the products contain a synthetic ingredient known as sodium alginate.

As the suit tells it, “[h]ad [the plaintiff] and Class Members known the truth about the products, they would not have been willing to purchase it at any price, or, at minimum would have paid less for it.”

The lawsuit looks to represent anyone in the United States who purchased the products listed on this page during the applicable statute of limitations period.

Get class action lawsuit news sent to your inbox – sign up for ClassAction.org’s free weekly newsletter here.