As previously reported, on July 18, 2021 a proposed class action lawsuit was filed against Dreyer’s Grand Ice Cream Inc. (“Dreyer’s”), the makers of Haagen-Dazs vanilla milk chocolate almond ice cream bars.  The complaint alleges that it is false and misleading to characterize the coating as “milk chocolate” and alleges that the coatings should be described as “milk chocolate with vegetable fat coating” because coconut oil is used.

On November 8, 2021, Dreyer’s filed a Motion to Dismiss the claim, arguing that the product delivers “exactly what the front label promises” and that the packaging discloses the presence of oils at least four times in its ingredient list, “the precise place that consumers know to look for objective detailed information about a product’s ingredients.”

In support of its position that the labeling is not deceptive, Dreyer’s asserts, “The name of the product is not an ingredient list or an ingredient exclusion list, and no reasonable consumer would think otherwise.” Dreyer’s further argues that private plaintiffs cannot sue to enforce FDA regulations and that violating an FDA food regulation is not, in itself, synonymous with consumer deception.