9/28/2023 0 Comments Halo top ice cream retailersShe added: “ The plaintiff is almost certainly trying to avoid framing Halo Top's alleged underfilling as a slack fill issue because the plaintiff is concerned that Halo Top will be able to demonstrate that, if underfill exists, the package is not filled to "substantially less than its capacity" or, if it is, the underfill is due to one or more of the reasons permitted under California law. However, if the package contents are truly inconsistent, as the plaintiffs allege, then it will be more difficult for Halo Top to characterize the issue as one of slack fill.” “ This could be a slack fill issue if the packages are consistently under-filled, which plaintiffs want to avoid, due to California's many safe harbors. Attorney: Halo Top will want to frame the issue as one of slack fill, and then argue that it falls within a safe harborĪttorneys we contacted about the case said much would depend on whether Halo Top could frame this as a 'slack fill' issue.Ĭalifornia prohibits so-called ‘nonfunctional slack fill,’ where empty space in a package is unwarranted, but allows empty space in certain circumstances, Alston & Bird attorney Laura Venker told FoodNavigator-USA. Halo Top is aware of the problem, they further allege, citing a ‘ low fill form response’ form on its website “specifically for consumers to report under-filled pint containers to Halo Top.” Ī Halo Top spokesperson said the brand does not comment on pending litigation. “In short, it is difficult (if not impossible) for any consumer to know – until after purchase and upon opening the container – whether or not they will receive a full pint,” add the plaintiffs, who seek to represent a nationwide class that “ likely consists of hundreds of thousands, if not millions of people.” The amount of the alleged under-filling “ appears to be random to consumers, it can vary in amount of under-filling and appears to be unrelated to flavor of ice cream or the location of purchase,” argues the complaint, which alleges violations of California consumer protection laws and breach of implied contract. In the latest complaint** filed in California, plaintiffs Youssif Kamal and Gillian Neely allege that they “ paid for a full pint of Halo Top ice cream but did not receive a full pint.” However, like many successful CPG brands, it has now become the target of plaintiff's attorneys, finding itself at the receiving end of a lawsuit* filed in New York on May 9 accusing it of misleading shoppers by presenting itself as a regular ice cream, rather than a light ice cream, and a second suit,** filed on June 15, accusing it of routinely under-filling pints. Emulsifiers, stabilizers, hydrocolloidsĪ light ice cream sweetened with erythritol, organic cane sugar and organic stevia leaf extract, Halo Top's sales growth has been nothing short of meteoric since it launched in 2012, with sales in the four weeks to Jovertaking those of category giants from Ben & Jerry's to Breyers, according to IRI data.Chocolate and confectionery ingredients.Carbohydrates and fibers (sugar, starches).Plant-based, alt proteins, precision fermentation.
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