NY woman brings class action suit against Cold Stone over lack of pistachios in ice cream
How does Cold Stone Creamery's use of "pistachio flavoring" differ from the ingredients used by competitors like Haagen-Dazs?
Cold Stone Creamery's use of "pistachio flavoring" in their ice cream differs from the ingredients used by competitors like Haagen-Dazs, who use real pistachios in their ice cream. The pistachio flavoring used by Cold Stone Creamery is defined as a mixture of water, ethanol, propylene glycol, natural and artificial flavor, yellow 5, and blue 1. This synthetic flavoring is used in place of actual pistachios, which has led to a class-action lawsuit claiming that consumers are being misled by the product's labeling.
What are the main components of the "pistachio flavoring" used in Cold Stone Creamery’s ice cream, as described in the lawsuit?
The main components of the "pistachio flavoring" used in Cold Stone Creamery's ice cream, as described in the lawsuit, are water, ethanol, propylene glycol, natural and artificial flavor, yellow 5, and blue 1.
On what grounds did U.S. District Court Judge Gary R. Brown allow the lawsuit to proceed?
U.S. District Court Judge Gary R. Brown allowed the lawsuit to proceed on the grounds that the plaintiff's claims of deceptive practices under New York's General Business Law were plausible. The law prohibits "deceptive acts and practices in the conduct of any business, trade or commerce or in furnishing of any service." The judge found that the plaintiff's allegations regarding the lack of actual pistachios in the purchased ice cream were plausible and allowed the case to proceed.