Unilever, parent of US ice cream company Breyers, is in class-action litigation over allegations that it ‘falsely and misleadingly’ marketed its Natural Vanilla ice cream as containing flavor derived only from the vanilla plant.
Filed in June 2024 with the Supreme Court of the State of New York, Bronx County, the class-action lawsuit alleges that Breyers Natural Vanilla Ice Cream ‘contains non-vanilla plant vanilla flavors and vanilla enhancers that are not disclosed on the product packaging or label’.
Based on the ‘natural vanilla’ label claim’ – which is ‘prominently’ displayed on-pack according to the court document - the ice cream company charges a price premium of around $1.00 compared to competitors.
The plaintiffs are seeking damages and an injunction to stop the ‘misleading marketing practices’.
Breyers’ claims that the ice cream ‘is made with fresh cream, sugar, milk, and Rainforest Alliance Certified vanilla beans’; however, the ingredients list (as published on breyers.com) specifies only milk, cream, sugar, tara gum, and natural flavor.
Approached by DairyReporter, a spokesperson for Breyers told us: “While we don’t comment on litigation, Breyers Natural Vanilla is made with naturally sourced, Rainforest Alliance certified vanilla, and is carefully crafted to deliver the quality and taste people have loved for over 150 years.”
Settlement
While litigation continues, a Supreme Court press release revealed that Unilever had set up a settlement fund of $8.85m to provide cash payments to eligible settlement class members.
In addition, the company would, within 12 months, develop a new product formula that does not include vanilla derived from non-vanilla plant sources.
To be eligible for compensation, consumers would have had to have bought Breyers Natural Vanilla ice cream in any size (1.5 quart, 16oz, and 10 x 3oz) in the US between April 21, 2016 and August 14, 2024 to receive $1.00 for each product, with or without proof of purchase and one claim form per household.
The settlement has not been approved by the court. A final approval hearing is scheduled for November 21, 2024.
Class action members who wish to be excluded from the settlement need to request so in writing or object to the settlement by October 31, 2024.
