January 24, 2022

Volume XII, Number 24

Advertisement
Advertisement

January 24, 2022

Subscribe to Latest Legal News and Analysis
Advertisement

Haagen-Dazs Moves to Dismiss Labeling Suit

  • As previously reported, on July 18, 2021 a proposed class action lawsuit was filed against Dreyer’s Grand Ice Cream Inc. (“Dreyer’s”), the makers of Haagen-Dazs vanilla milk chocolate almond ice cream bars.  The complaint alleges that it is false and misleading to characterize the coating as “milk chocolate” and alleges that the coatings should be described as “milk chocolate with vegetable fat coating” because coconut oil is used.

  • On November 8, 2021, Dreyer’s filed a Motion to Dismiss the claim, arguing that the product delivers “exactly what the front label promises” and that the packaging discloses the presence of oils at least four times in its ingredient list, “the precise place that consumers know to look for objective detailed information about a product’s ingredients.”

  • In support of its position that the labeling is not deceptive, Dreyer’s asserts, “The name of the product is not an ingredient list or an ingredient exclusion list, and no reasonable consumer would think otherwise.” Dreyer’s further argues that private plaintiffs cannot sue to enforce FDA regulations and that violating an FDA food regulation is not, in itself, synonymous with consumer deception.

© 2022 Keller and Heckman LLPNational Law Review, Volume XI, Number 315
Advertisement
Advertisement
Advertisement
Advertisement
Advertisement
Advertisement

About this Author

Keller and Heckman offers global food and drug services to its clients. Our comprehensive and extensive food and drug practice is one of the largest in the world. We promote, protect, and defend products made by the spectrum of industries regulated by the U.S. Food and Drug Administration (FDA), the European Commission and Member States authorities in the European Union (EU) and similar authorities throughout the world. The products we help get to market include foods, pharmaceuticals, medical devices, veterinary products, dietary supplements, and cosmetics. In addition...

202-434-4100
Advertisement
Advertisement
Advertisement