A New York plaintiff alleges Halo Top ice cream is falsely and deceptively labeled because it does not prominently display the term “light” on its labels, purportedly misleading consumers into believing it is regular full-fat ice cream. Berger v. Eden Creamery, LLC, No. 18-2745 (E.D.N.Y., filed May 9, 2018). Among other allegations, the plaintiff asserts that consumers associate the word “halo” with yellow, the color of butter and cream; that Eden Creamery fails to comply with federal laws requiring the identity statement “light ice cream” to be displayed prominently on the front label; and that the location where the phrase is displayed is “in an area of the container prone to ice or condensed water obstructing it.”

In addition, the complaint alleges that Eden Creamery’s statements that Halo Top is “All Natural” and contains “No Artificial Sweeteners” are false and misleading because the products contain a synthetic form of the sugar alcohol erythritol. Claiming violation of New York consumer-protection laws, negligent misrepresentation, fraud and unjust enrichment, the plaintiff seeks class certification, injunctive relief, damages and attorney’s fees.

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For decades, manufacturers, distributors and retailers at every link in the food chain have come to Shook, Hardy & Bacon to partner with a legal team that understands the issues they face in today's evolving food production industry. Shook attorneys work with some of the world's largest food, beverage and agribusiness companies to establish preventative measures, conduct internal audits, develop public relations strategies, and advance tort reform initiatives.

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