A legal battle has emerged against Kahala Brands, the parent company of Cold Stone Creamery, following a New York woman’s disappointment upon discovering that her “pistachio” ice cream lacked… pistachios.

Federal Judge Gary R. Brown at the Eastern District Court of New York in Brooklyn, recently greenlit the case’s progression.

Originating from a visit to a Levittown, Long Island, Cold Stone Creamery in July 2022, the plaintiff ordered what she assumed was pistachio ice cream. Her legal representatives contended that she reasonably assumed the presence of pistachios based on the product’s name. However, Judge Brown noted her subsequent dismay.

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Upon scrutinizing the ice cream’s ingredient list on the website, the plaintiff found it was concocted from a blend of highly processed components sans actual pistachios. Instead, the flavoring comprised a mixture of “Water, Ethanol, Propylene Glycol, Natural & Artificial Flavor, Yellow 5, [and] Blue 1,” according to the ruling.

The plaintiff’s counsel argued that had she been aware, she would have abstained from purchasing the ice cream. Comparatively, she juxtaposed Cold Stone Creamery’s pistachio ice cream with offerings from Häagen-Dazs and Ben and Jerry’s, both containing genuine pistachios.

She further referenced a survey involving over 400 US consumers, where approximately 85% believed a product labeled as pistachio ice cream would contain pistachios, as per the ruling.

Despite Kahala Brands’ attempts to dismiss the case, including citing an online ingredient list as adequate, the judge remained unmoved. Nonetheless, he narrowed the focus of the case solely to pistachio ice cream, excluding other potentially deceptive products, and dismissed implied warranty and unjust enrichment claims.

The trial date remains uncertain.

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