Ice Cream Fans Suffer Melt-Down Over 'All Natural' Claims

Two classes of ice-cream buyers have standing to sue Ben & Jerry's and Breyers for using "all natural" labels on ice cream made with synthetic chemical processes, a federal judge ruled.

The plaintiffs in the case allege that Ben & Jerry's and Breyers misrepresented their ice cream containing “Dutch” chocolate as “all natural” when in fact it is processed with potassium carbonate, a man-made ingredient.

The suit notes that on August 12, 2010, the

Center for Science in the Public Interest (CSPI) sent a letter to the ice cream companies identifying about 50 products, including chocolate ice cream and frozen yogurt, that it said were mislabeled.

In September 2010, Ben & Jerry's agreed to phase out the use of the “all natural” phrase for products containing synthetic ingredients.

The suit, filed in federal district court in Northern California charged the companies with fraud, false advertising and unjust enrichment and raised the possibility that Ben & Jerry's might at some unknown time in the future begin using the “all natural” claim again.

No damage?

The companies had filed a motion seeking dismissal of the suits, claiming among other things that the plaintiffs had not shown any damages.

The ice cream companies also argued that the plaintiffs could not reasonably claim they had suffered economic injury since, by their own admission, they not only bought but also consumed the ice cream in question.

If they were dissatisfied with their ice cream-eating experience, the companies argued, they should have applied for a refund under the companies' “satisfaction guaranteed or your money back policy.”

The plaintiffs, on the other hand, concede that while they have indeed purchased and consumed many pints of the suspect ice cream, they did so under the false belief that the frozen confection was “all natural” and that it would never have passed their lips had they been apprised of its allegedly synthetic nature.

Judge Phyllis J. Hamilton denied the companies' motions, allowing the case to proceed.