Federal and state laws govern the way labels can speak of a product’s flavoring, depending on its source. The complaint for this class action alleges that a product from Unilever United States, Inc., Breyers Mint Chocolate Chip ice cream, is improperly labeled, because the representations on the label mislead consumers to think the ice cream is flavored with real mint.
Two classes have been defined for this action:
- The Illinois Class is all persons in Illinois who bought the product during the applicable statutes of limitations.
- The Consumer Fraud Multi-State Class is all persons in North Dakota, Virginia, North Carolina, Kentucky, Utah, Nebraska, Kansas, and Wyoming who bought the product during the applicable statutes of limitations.
Consumers these days prefer to buy foods that get their flavoring from real, whole ingredients, the complaint alleges, “because they have nutritive value, are more natural, less processed, and/or not exposed to additives and solvent used in manufacturing even natural flavoring substances.”
Page 1 of the complaint shows an image of the Breyers ice cream carton, showing the words “Mint Chocolate Chip” in a green font, and “Cool mint ice cream…” along with images of mint leaves. This, the complaint alleges, “tells consumers the Product will get its mint taste from mint ingredients and contain a non-negligible amount of mint ingredients.”
But page 2 reproduces the ingredient panel for the product, and it does not show any mint ingredients. The second-to-the-last ingredient listed is “Natural Flavor.”
The complaint quotes a “flavor expert” as saying that if the product had “all the flavor depth” of mint, the ingredients would list “mint extract” or “mint oil” instead of “natural flavor.” The complaint alleges, “Because mint extract or mint oil is not a separately identified ingredient, it means that any real mint, if present, is at trace or de minimis levels as part of the natural flavor ingredient.”
The “Natural Flavor,” the complaint claims, is “a synthesized blend of compounds, enhancers, solvents and additives, combined in a laboratory, with little if any connection to mint ingredients.” According to the complaint, these kinds of natural flavors are used because they are cheaper and highly concentrated, meaning that companies do not need to use as much of them.
However, the complaint alleges that if the product does not use real mint for its flavor, then the Code of Federal Regulations specifies that the front label must use the word “flavored.” Because the label does not contain this word, the complaint alleges, the label does not tell consumers that the flavor comes from something other than real mint ingredients.
The complaint alleges, “The value of the Product … was materially less than its value as represented by” Unilever.
Article Type: LawsuitTopic: Consumer
Most Recent Case Event
No Real Mint in Breyers Mint Chocolate Chip Ice Cream Complaint
October 15, 2022
Federal and state laws govern the way labels can speak of a product’s flavoring, depending on its source. The complaint for this class action alleges that a product from Unilever United States, Inc., Breyers Mint Chocolate Chip ice cream, is improperly labeled, because the representations on the label mislead consumers to think the ice cream is flavored with real mint.
No Real Mint in Breyers Mint Chocolate Chip Ice Cream ComplaintCase Event History
No Real Mint in Breyers Mint Chocolate Chip Ice Cream Complaint
October 15, 2022
Federal and state laws govern the way labels can speak of a product’s flavoring, depending on its source. The complaint for this class action alleges that a product from Unilever United States, Inc., Breyers Mint Chocolate Chip ice cream, is improperly labeled, because the representations on the label mislead consumers to think the ice cream is flavored with real mint.
No Real Mint in Breyers Mint Chocolate Chip Ice Cream Complaint