A dispute over "overrun" - the air pumped into ice cream - has led a franchisee of a low-calorie ice cream chain to accuse Rupert Murdoch's News Corp. and Fox 5 News of defaming it in a "disparaging" broadcast "assault."
The suit was brought by Matthew Prince, a restaurateur who invested in three D'Lites Emporium franchises on New York's Long Island, only to become enraged when Fox 5 News “inducted” the sweet shops into its “Hall of Shame,” reporting that independent tests had found higher levels of fattening substances than the stores claimed.
In his lawsuit, Prince says the D'Lites ice cream is lower in sugar, fat, carbohydrates and cholesterol, and is a healthier alternative to traditional ice cream.
“Since it’s [sic] founding in 1982, in Plantation, Florida, DEI has provided diet friendly ice cream that is just as creamy and tasty as traditional ice cream products,” the typo-infested suit states. “DEI products are designed to be attractive sweets for diet conscience [sic] shoppers.”
Prince said he had invested more than $1 million in the healthy ice cream business only to see it melt away as Fox 5's Arnold Diaz featured D'Lites on his eight-minute “Shame, Shame, Shame” segment, telling viewers that D'Lites was “selling a lie.”
Liquidity an issue
Prince's suit argues that ice cream is “made up of three components – the ice cream mix (formula), air, and refrigeration.”
It makes the indisputable assertion that, when it melts, ice cream becomes a liquid. When that happens, air escapes and the melted ice cream takes up less space than it did when it was frozen.
Prince argues that in its testing of his stores' ice cream, Fox 5 used a quantity of melted ice cream that did not correspond to the appropriate volume of frozen ice cream.
“The only fair way to accurately measure the nutritional value of D’Lites’ ice cream is to measure by the volume of the ice cream product in its frozen state as served to the customer,” the suit argues.
Prince also claims that ice cream, because it contains milk, is “in a constant state of change.”
“In recognition of the extraordinary difficulty in serving a product who’s [sic] properties are in a constant state of flux, the FDA allows nutritional labels for ice cream to be off by as much as 20%,” the suit states.
News Corporation owns The Wall Street Journal, the New York Post and numerous other media outlets.
A dispute over "overrun" - the air pumped into ice cream - has led a franchisee of a low-calorie ice cream chain to accuse Rupert Murdoch's News Corp. and ...