Is it nuts to assume a scoop of pistachio ice cream should contain actual pistachios? Or how about real butter in a dish of butter pecan?
Such weighty questions about a favorite summertime confection could soon be decided by the courts.
A federal judge in New York has given the go-ahead to a Long Island woman’s class action lawsuit that claims consumers are being duped by Cold Stone Creamery when they purchase certain flavors that “do not contain their represented ingredients.”
Lead plaintiff Jenna Marie Duncan purchased her serving of pistachio ice cream from a Cold Stone Creamery store in Levittown, New York, in or around July 2022. According her lawsuit, Duncan “reasonably believed that the Pistachio ice cream she purchased from defendant contained pistachio.”
If you want to advertise your “Pistachio flavored confectionery” you can put whatever you want in it - if you’re calling it “Pistachio Ice Cream” I expect actual pistachios to be contributing mainly to the flavoring. I’m honestly sad we allow “X flavored” instead of forcing these shit-heels to explicitly call it out like “Artificially X flavored” but it’ll take a lot of consumer advocacy to get us back into the realm of sanity.