Class Action Alleges Some Cold Stone Creamery Ice Cream Flavors Do Not Contain Title Ingredients

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Kahala Franchising, LLC, owner and operator of Cold Stone Creamery, faces false advertising allegations in a proposed class action that claims the specific ingredients listed in the names of numerous ice creams and sorbets are not actually found in the products.

According to the 19-page lawsuit, the ice creams and sorbets at issue include the pistachio ice cream, mango ice cream, coconut ice cream, orange sorbet, orange ice cream, and mint ice cream, none of which contain their named ingredient, the case alleges. The suit also takes issue with the butter pecan ice cream, which allegedly contains no butter.

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Per the complaint, consumers have a reasonable expectation that the Cold Stone Creamery ice creams and sorbets include the ingredients specifically listed in their names.

In spite of this, the ingredients list found on Cold Stone Creamery’s website shows that the ice creams and sorbets at issue only incorporate the flavors of the ingredients in their names, the filing explains.

“The Products use a mixture of highly processed ingredients to mimic the flavor of the fruits, nuts, and other ingredients specified in the Products’ names,” the lawsuit reads.

The case charges that the defendant’s “deceptive” marketing is used to “gain a competitive edge in the market,” as competitors include the named ingredients in their corresponding ice creams and sorbets.

Upon her visit to a Cold Stone Creamery location in her home state of New York, the plaintiff saw no indication in the store that the pistachio ice cream she purchased contained no pistachio, the complaint says. She would not have paid as much or bought the ice cream at all had she been aware it did not contain pistachio, the filing claims.

The lawsuit looks to represent anyone in New York who purchased pistachio ice cream, mango ice cream, coconut ice cream, orange sorbet, orange ice cream, mint ice cream, and/or butter pecan ice cream at a New York Cold Stone Creamery during the statute of limitations.

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