Halo Top Underfills Pints, Lawsuit Alleges

Two consumers have filed a putative class action alleging that Eden Creamery “underfills its ‘pints’ of ice cream”—“[d]ramatically so at times, and as a course of business.” Kamal v. Eden Creamery LLC, No. 18-1298 (S.D. Cal., filed June 15, 2018). The complaint alleges, “Purchasers of the premium-priced ice cream simply have no idea how much ice cream they will get each and every time they buy a Halo Top ‘pint.’ And Halo Top has been doing this for years.” The “amount of underfilling appears to be random to consumers” and “appears to be unrelated to flavor of ice cream or the location of purchase,” the plaintiffs assert. The complaint also points to a form allegedly created by Halo Top that allows consumers to report underfilled containers to argue that Halo Top knows of its alleged underfilling practices. The plaintiffs allege violations of California’s consumer-protection statutes and seek class certification, damages, an injunction and attorney’s fees.