Federal Court Upholds Allegations Halo Top Underfills Pints of Ice Cream
June 26, 2019, SAN DIEGO
On June 26, 2019, United States District Court Judge Cynthia Bashant of the Southern District of California largely upheld a class-action complaint brought by purchasers of Halo Top ice cream who alleged that they bought pints of the low-calorie ice cream that were often severely underfilled, providing them with far less of the sweet treat than what they paid for.
The Court ordered the defendants, who include Eden Creamery LLC dba Halo Top Creamery and the company’s founder and CEO James Woolverton, to answer the complaint by July 19, 2019.
“This is a great step forward,” lawyer Andrew J. Brown said. Brown brought the case on behalf of a nationwide class of consumers who purchased the expensive and popular ice cream, but alleged that they often would receive far less than the promised pint ice cream in the container. “The company knew people were upset about being shortchanged and even had forms at the ready to address the online complaints they were receiving” Brown said. “We are looking forward to starting the discovery process and vindicating the rights of people who were duped,” he said.
What many consumers thought they were buying – a full pint of ice cream – instead was sometimes “dramatically” less, the Court noted. The Court took issue with many of the arguments defendants made in their efforts to rid themselves of the case, noting “the majority of Defendants’ arguments do not warrant dismissal of Plaintiffs’ claims at this stage because central to Defendants’ motion are factual contentions not appropriate for resolution at the motion to dismiss stage.” In spite of defendants’ efforts, the Court held that plaintiffs had “plausibly alleged deceptive and misleading representations.”
The case seeks damages on behalf of a nationwide class of consumers and brings a variety of state fraud and consumer protection law claims. A copy of the Court’s Order can be obtained at www.thebrownlawfirm.com.
For more information, contact Andrew J. Brown at The Law Offices of Andrew J. Brown (619) 501-6550 or email at andrewb@thebrownlawfirm.com
June 26, 2019 – Order re Defendants Motion To Dismiss
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