Woman Sues Ice Cream Company Over Lack of Real Pistachios (Gothamist)

Woman Sues Ice Cream Company Over Lack of Real Pistachios

Wednesday, June 12th, 2024 Fraud Legislation & Regulation Litigation

Jenna Marie Duncan from Farmingdale, NY, is taking legal action against Cold Stone Creamery’s parent company, Kahala Franchising, after finding out their pistachio ice cream contains no real pistachios. Duncan’s lawsuit, which claims false advertising, has been approved to proceed by a federal judge. The outcome of this case could result in compensation for numerous customers who unknowingly bought the artificial product.

Duncan’s discovery began after she bought pistachio ice cream from a Cold Stone Creamery in Levittown and later found that the green color and flavor were entirely artificial. She filed a class-action lawsuit, accusing the company of misleading customers. If successful, those who purchased pistachio ice cream from Cold Stone could receive up to $50 each, with a proposed state bill potentially increasing this amount to $1,000.

Cold Stone Creamery has defended its use of artificial flavors, citing customer preferences and allergy concerns. However, Duncan argues that customers deserve genuine ingredients, especially considering Cold Stone’s premium pricing. The case will determine if consumers’ expectations of real pistachios in their pistachio ice cream are reasonable and whether Cold Stone’s advertising was misleading.


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External References & Further Reading
https://gothamist.com/news/long-island-woman-suing-cold-stone-over-pistachio-ice-cream-with-no-nuts

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