Feeling salty! Woman sues Cold Stone Creamery over lack of pistachios in pistachio ice cream | EUROtoday

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A lady in Long Island is suing an ice cream retailer after discovering out that her pistachio ice cream lacked pistachios.

Jenna Marie Duncan filed a lawsuit in opposition to Cold Stone Creamery’s mum or dad firm, Kahala Franchising, claiming that the corporate is violating New York enterprise legislation by selling ice cream that’s made with synthetic flavors.

“This deceptive marketing practice defies reasonable consumer expectations,” the lawsuit, filed within the US District Court Eastern District of New York in August states. “Consumers reasonably expect ice cream products to contain the ingredients plainly described in their name.”

Last month, Federal Judge Gary Brown dominated the case might transfer ahead. If a jury agrees with Duncan, ice cream eaters like her might obtain as much as $50 beneath present New York legislation, in keeping with Gothamist.

The swimsuit takes intention at seven synthetic flavors: pistachio ice cream, mango ice cream, coconut ice cream, orange sorbet, orange ice cream, mint ice cream and butter pecan. All of them comprise synthetic flavors concocted with extremely processed elements, the criticism suggests.

Cold Stone workers attain the specified pistachio taste by combining water, ethanol, propylene glycol, pure and synthetic taste, yellow and blue meals coloring the swimsuit claims.

Additionally, it states the corporate doesn’t make it clear to prospects the flavors don’t comprise the specified elements.

“This is not what consumers expect when they purchase ice cream at a premium price,” the swimsuit reads. Small sizes on the store begin at $7.50, the outlet reported.

The lawsuit argues it’s doable to create an ice cream with actual flavors and names Haagen-Dazs, Thrifty and Ben & Jerry’s ice cream flavors as examples. All of the corporate’s pistachio ice lotions do comprise pistachios, in keeping with lists of elements included within the lawsuit.

Some of Cold Stone’s flavors do comprise actual elements. Their strawberry ice cream has strawberry, banana accommodates banana and chocolate and hazelnut has chocolate and hazelnut.

A latest unbiased advertising and marketing survey performed for the litigation efforts confirmed that buyers will be deceived when ordering their favourite chilly candy deal with. A lot of respondents did imagine that their ice cream contained actual flavors.

“Consumers are willing to pay more for the products based on the belief that they contain their advertised ingredients,” the swimsuit states. “Plaintiff and other consumers would have paid significantly less for the products, or would not have purchased them at all, had they known the truth about them.”

The plaintiff is arguing she is entitled to cash within the case because of Cold Stone’s conduct. She is demanding a jury trial within the case.

A lawyer representing Cold Stone declined ot remark to the Associated press concerning the case.