A New York woman is suing Cold Stone Creamery for false advertising because she thought its ice cream contained pistachios.
A Farmingdale woman, Jenna Marie Duncan, filed a class action lawsuit against the company in 2022 after she purchased pistachio ice cream from the company’s Levittown store. USA Today report Monday.
Duncan believed the ice cream contained pistachios, but after checking the company’s website, she discovered the ice cream did not contain pistachios.
According to the lawsuit, the food contains “water, ethanol, propylene glycol, natural and artificial flavors, and pistachio flavor made with Yellow No. 5 and Blue No. 1.”
of today The article continues:
The lawsuit claims that if Duncan had known the products did not contain pistachios, “she would not have purchased them or would have purchased them at a significantly lower price.”
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The defendant in the suit is Kahala Franchise LLC, which owns franchise chains including Cold Stone Creamery, Wetzel’s Pretzels, Baja Fresh and Blimpie.
According to Cold Stone’s website, their ice cream is Had made We use the finest ingredients and deliver them fresh every day.
A federal judge in the state allowed the case to proceed, but today The article said:
By Kalief J. Rose, Chief Legal Analyst, Queen City News pointed He laughed as he reviewed the judge’s order, mentioning the fact that pistachios are expensive.
“There were Van Halen quotes on there, Al Yankovic quotes. I mean, the judge had a great sense of humor. He granted her lawsuit but dismissed some of her other lawsuits,” Rose said.
“It wasn’t just pistachios. She basically listed all the things they said were in it, like coconut, and it turned out none of them were in it. It was mostly flavorings,” he added.
Duncan victory According to Fox 5, she may be able to get $50 from the lawsuit.
