Class Action Claims Labeling of ‘Milk Chocolate’ Dove Ice Cream Bars Is Misleading [UPDATE]
by Erin Shaak
Last Updated on February 25, 2022
Beers v. Mars Wrigley Confectionery US, LLC
Filed: January 1, 2021 ◆§ 7:21-cv-00002
A class action claims Mars misled customers into believing its Dove ice cream bars are coated in real milk chocolate when they actually contain vegetable oils.
Case Updates
February 22, 2022 – Lawsuit Dismissed
U.S. District Judge Cathy Seibel dismissed the lawsuit detailed on this page after finding that the plaintiff failed to plausibly allege that the Dove ice cream bars are misleadingly labeled.
In a February 17 order granting Mars’ motion to dismiss, Judge Seibel held that the plaintiff hadn’t proved that the “mere presence” of vegetable oil in the ice cream bars’ chocolate coating indicated that a “lower quality chocolate substitute” was used in place of milk chocolate. In fact, the ingredients list shows that the coating does, in fact, contain milk chocolate as the product’s label suggests, the judge wrote.
“The ingredient list does not reflect that coconut oil and palm oil were used in lieu of cocoa butter in making the milk chocolate; rather, the label makes clear that the milk chocolate (made as Plaintiff would like, with cocoa butter) is combined with other elements to create the product’s coating.”
Judge Seibel went on to state that the plaintiff failed to plausibly allege that the “with milk chocolate” and “silky smooth” representations on the ice cream bars’ front label would cause a reasonable consumer to expect that the product was made exclusively with milk chocolate. Although the plaintiff essentially argued that the presence of vegetable oil in the product makes it of a lesser quality than consumers are led to expect, he failed to “convincingly explain” how the front label suggests that the ice cream bars contain more milk chocolate than they really do, the judge found.
“The label simply says, ‘with milk chocolate’ indicating (accurately) that that ingredient is prominently featured in the Product,” the order stated. “It is nothing more than a conclusory leap to allege that a reasonable consumer reads those statements to implicitly mean that the product necessarily contains no vegetable oils.”
Because the plaintiff already amended his complaint once and did not ask to amend again, the judge dismissed the lawsuit without giving him leave to revise his claims.
A proposed class action claims Mars Wrigley Confectionery US, LLC has misled customers into believing its Dove Vanilla Ice Cream with Milk Chocolate ice cream bars are coated in real milk chocolate when they actually contain vegetable oils.
The case contends that no reasonable consumer would expect a product labeled as “Milk Chocolate” to contain vegetable oils such as coconut and palm oil, which the suit says cost three times less than genuine cocoa butter.
“The presence of chocolate is understood by consumers to mean a food does not contain vegetable oils, and has a material bearing on price and consumer acceptance of the Product,” the complaint states, alleging that the labeling of Dove ice cream bars as “Milk Chocolate” is “false, deceptive and misleading.”
According to the lawsuit, consumers prefer the chocolate in chocolate products to come from a “real source,” i.e., cacao beans. Chocolate produces a greater satiety and “a creamy and smooth mouthfeel,” the suit explains, whereas substitute chocolate ingredients such as vegetable oil provide less satiety and a waxy and oily mouthfeel and an aftertaste.
Per the case, even a small amount of vegetable oil changes the mouthfeel of chocolate products to a taste sensation that is “the opposite of what consumers expect from a food labeled as ‘milk chocolate.’”
Moreover, chocolate from cacao beans has proven to have various health benefits and does not raise the cholesterol or have “any artery-clogging trans-fats” such as those present in vegetable oils, the suit claims.
The case goes on to relay that the existence of food labeling standards means consumers trust that a representation of “milk chocolate” on a product’s label means the product contains chocolate ingredients, such as chocolate liquor, cacao fat, sweeteners, and dairy ingredients, but not vegetable oil. Per the suit, these standards prevent foods from being labeled as “milk chocolate” when they contain ingredients that substitute for chocolate.
The “Milk Chocolate” representation on Dove ice cream bars, however, is only a “half-truth” given the product contains both coconut and palm oil, the lawsuit alleges.
According to the case, consumers would not have purchased the product, or would have paid less for it, had they known the truth.
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