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.”

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      21 days ago

      You toast pecans in butter for several minutes to get that specific flavor. Butters a prominent ingredient and a core flavor.

      You should think that butter pecan ice cream would contain butter, because it’s supposed to.

      You should expect it the same way you would expect pecans, because they are both named ingredients of the flavor.