Ice Cream Giant Faces Multi-Million Dollar Consequences Over Labeling Issue

Settlement

Breyers Ice Cream agreed to pay $9 million to settle a lawsuit over mislabeling its Natural Vanilla flavor.

At a Glance

  • Breyers Ice Cream is involved in a class action settlement worth nearly $9 million.
  • The lawsuit alleges Breyers misrepresented its Natural Vanilla ice cream flavor as being derived solely from vanilla plants.
  • Consumers who purchased the product between April 21, 2016, and Aug. 14, 2024, may be eligible for compensation.
  • Breyers must reformulate its Natural Vanilla flavor to contain only vanilla from vanilla plants.
  • Claims can be submitted through vanillaicecreamsettlement.com.

Details of the Settlement

Breyers Ice Cream has reached an $8.85 million class action settlement after being accused of misleading consumers about the sources of the vanilla flavor in its Natural Vanilla ice cream. Consumers alleged that the flavorings were not solely derived from vanilla plants, contrary to the product’s labeling.

The settlement, announced by the New York State Supreme Court, Bronx County, involves a class action against Conopco Inc. and Unilever United States Inc., the parent company of Breyers. The lawsuit was filed in March 2024.

Consumers who bought the ice cream from April 21, 2016, through August 14, 2024, are entitled to compensation. They can receive $1 per carton of the product bought, with no limit if proof of purchase is provided. Consumers without receipts can claim up to $8.

Implications of the Mislabeling

According to court documents, the misleading labeling allowed Breyers to charge a premium price, causing customers to experience economic losses. The misrepresentation included portraying the flavor as being derived solely from vanilla plants, accompanied by images of vanilla beans and flowers on the product packaging.

As part of the settlement, Breyers has agreed to reformulate the product within a year, ensuring that the vanilla flavor comes exclusively from vanilla plants. This move aims to address the allegations and restore consumer trust.

Details on Claims and Deadlines

Consumers can submit their claims through vanillaicecreamsettlement.com. The deadline for claims is February 19, 2025, while objections and opt-outs must be filed by October 31, 2024. A final approval hearing on the settlement is scheduled for November 21, 2024.

The settlement fund is non-reversionary, covering class member claims, administration costs, attorneys’ fees, and incentives for class representatives. Attorneys’ fees are capped at $3,175,000, and class representatives will receive incentives of $5,000 each.