The makers of Halo Top ice cream find themselves staring down more potential class action litigation, as a new lawsuit claims Eden Creamery, LLC underfills pints of its popular, low-calorie product—and has done so for years. The 13-page complaint stresses that this is a problem because Halo Top is a freezer favorite among calorie counters nationwide who rely on the product’s labeling to divulge accurate representations of the number of calories per pint.
The case argues that Halo Top knows it is short-changing consumers who pay a premium price for pints of its guilt-free confection, but “refuses to do anything about it.”
So, what are we talking about here?
The lawsuit centers on Halo Top’s low-calorie count as being its main selling point for consumers. The number of calories per pint is displayed on each label, the suit says, noting that the product’s calorie count is displayed more prominently than even the company’s logo. Moreover, Halo Top’s social media and marketing efforts all focus in on the idea that, as described in an August 2017 Fortune article, “consumers can eat an entire pint without feeling guilty.”
Although the pint is the industry standard of measure for ice cream consumers, Halo Top routinely and often “dramatically” underfills its containers of ice cream, according to the lawsuit. Consumers may not notice right off the bat, however, as the extent of underfilling “appears to be random,” unrelated to any particular flavor or the purchase location, the suit says.
“Purchasers of the premium-priced ice cream simply have no idea how much ice cream they will get each and every time they buy a Halo Top ‘pint,’” the lawsuit alleges, citing potential violations of California consumer protection laws.
Does Halo Top knowingly underfill its ice cream containers?
That’s what the case claims, pointing out that Eden Creamery has added to its website a “low fill form response” for consumers who may be unhappy with their purchases. Despite offering aggrieved consumers a platform to voice their displeasure, the defendant “has not changed its practices, and still knowingly sells huge amounts of underfilled pints to this very day,” the complaint reads.
Who’s covered by the lawsuit?
The case seeks to cover a class of consumers nationwide—as well as those in Puerto Rico and all other U.S. territories—who bought one or more Halo Top pints and received less than a full pint of ice cream.
Wasn’t Halo Top just hit with a lawsuit?
Eden Creamery was sued back in May over allegations that its ice cream is not, in fact, ice cream, but rather “light ice cream.” That lawsuit made no mention of how much alleged ice cream the defendant fills its containers with.