Breyers “Vanilla” Ice Creams Deceptive Flavoring Class Action

When Breyers labels an ice cream as being “vanilla” flavor, does that flavor definitely come from vanilla beans? The complaint for this class action claims that Unilever United States, Inc., which owns the Breyers brand, bears responsibility for the deceptive labeling of its “vanilla” ice creams.

The Nationwide Class includes consumers in the US who bought any of the products with actionable representations during that statutes of limitations. The complaint also proposes subclasses for New York, Florida, and California.

Breyers actually has three vanilla flavors: Natural Vanilla, Homemade Vanilla, and Extra Creamy Vanilla.

The complaint, quoting an article on vanilla ice cream, says, “By some estimates, approximately two-thirds of ‘all ice cream eaten is either vanilla or vanilla with something stirred into it, like chocolate chips.’” Vanilla is used both as a primary flavor and as a component of another flavor. 

However, vanilla is expensive. “Due to its versatility and demand,” the complaint says, “there are constant attempts to imitate vanilla, whether through synthetic vanillin made from tree bark, or harmful compounds such as coumarin.” 

Because of this, standards have been developed to ensure that vanilla products are properly labeled and do not deceive consumers. When a product is labeled “vanilla,” consumers expect that the flavor will come from vanilla extract or vanilla flavoring, both derived from vanilla beans. 

However, the Breyers ice creams ingredient panel lists “natural flavor.” The complaint contends that this does not mean real vanilla or the label would list it as such. The flavor, the complaint says, should thus be characterized as “vanilla with other natural flavors,” or, as a shorthand, Vanilla WONF.

But even Vanilla WONF is deceptive, the complaint says, because “the natural flavor which simulates and reinforces and extends vanilla here is likely a form of wood pulp or coal tar derivative.” While vanilla standards permit vanilla-vanillin combinations, the complaint claims, they do not provide for “other natural flavors” to be added to vanilla.

According to the complaint, even the small size of the words “ice cream,” and their not being with the “vanilla” designation, indicate the falseness of the vanilla claims. 

Finally, the yellow color of the ice cream and the presence of small specks in it is meant to reinforce the impression of real vanilla. But the yellow color comes from annatto, a coloring agent, and the complaint contends that the specks are added separately, although they are not found on the ingredient list. 

The back label reads, “Natural flavor made with vanilla beans from Rainforest Alliance Certified farms.” However, the complaint claims that the label should say that (1) vanilla beans are not the only flavoring, (2) flavor from vanilla beans is a smaller part of the flavoring than most consumers would expect, and (3) the specks in the ice cream are not part of the vanilla flavoring. 

Article Type: Lawsuit
Topic: Consumer
Tags: Contains Too Little of Featured Ingredients, Deceptive Advertising, Deceptive Labels