Long Island Woman Sues Over Lack of Real Pistachios in Ice Cream
A New York judge has allowed a lawsuit to proceed against Cold Stone Creamery, accused of misleading customers about the ingredients in their ice cream. The lawsuit, filed by Long Island resident Jenna Marie Duncan, alleges that Cold Stone Creamery deceives consumers by using artificial flavors and forgoing real ingredients in certain ice cream varieties.
Lawsuit Takes Aim at Pistachio Ice Cream
The lawsuit centers on Duncan’s purchase of pistachio ice cream at a Cold Stone Creamery location in Levittown, New York, in July 2022. Duncan claims she “reasonably believed” the ice cream contained real pistachios, a common expectation for pistachio-flavored products.
Judge Rules Deception Claim Plausible
Federal Judge Gary Brown’s decision allows the lawsuit to move forward, acknowledging that Duncan’s argument regarding deceptive practices under New York’s General Business Law appears valid on its face. This law prohibits “deceptive acts and practices” in commercial transactions.
Artificial Flavorings vs. Real Ingredients
According to the lawsuit, Duncan discovered after her purchase that Cold Stone Creamery’s pistachio ice cream doesn’t contain actual pistachios. Instead, it uses “pistachio flavoring,” a blend of water, ethanol, propylene glycol, artificial and natural flavors, and coloring agents.
Duncan’s Argument: Consumers Expect Real Ingredients
The lawsuit argues that consumers who purchase pistachio ice cream expect the presence of real pistachios, not “a concoction of processed ingredients.” The lawsuit highlights that some competitors, like Haagen-Dazs, use real pistachios in their ice cream.
Beyond Pistachio: Other Ice Cream Flavors Targeted
The lawsuit isn’t limited to pistachio ice cream. Duncan also raises concerns about the ingredients in Cold Stone Creamery’s mango, coconut, orange, mint, butter pecan ice creams, and orange sorbet, suggesting they may similarly lack the real fruits or nuts their names imply.
