A Long Island woman has filed a class-action lawsuit against Cold Stone Creamery, alleging deceptive advertising after discovering that their pistachio ice cream contains no actual pistachios.
Jenna Marie Duncan from Farmingdale, New York, purchased the ice cream from a Cold Stone location in Levittown in July 2022, believing it contained real pistachios. However, upon reviewing the company’s website, Duncan found that the ice cream only used "pistachio flavoring" composed of water, ethanol, propylene glycol, natural and artificial flavors, Yellow 5, and Blue 1.
The ingredient list on Cold Stone's website confirms that the pistachio ice cream relies on flavoring rather than actual pistachios. A federal judge in New York has allowed Duncan's lawsuit to move forward.
Duncan's lawsuit claims that had she known the ice cream didn’t contain real pistachios, she "would not have purchased it, or would have paid significantly less for it." She argues that consumers expect real pistachios in pistachio ice cream, not a mix of processed ingredients. Duncan also pointed out that other brands like Häagen-Dazs and Ben & Jerry’s include actual pistachios in their products.
Furthermore, the lawsuit alleges that other Cold Stone flavors—mango, coconut, mint, orange, butter pecan, and orange sorbet—are also merely flavored and don’t contain the actual ingredients they are named after, which she argues is misleading to consumers.
Kahala Franchising LLC, the defendant in the case and owner of Cold Stone Creamery and other chains like Wetzel's Pretzels, Baja Fresh, and Blimpie, has sought to dismiss the case, noting that detailed ingredient lists are available online.
This case highlights the importance of transparency in product labeling and the expectations consumers have regarding ingredient authenticity.
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