Class Action Lawsuit Claims Handel’s ‘Homemade’ Ice Cream Contains Undisclosed Food Dyes, Additives

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A proposed class action lawsuit claims Handel’s has misrepresented its supposedly high-quality, “homemade” ice cream, given that the products allegedly contain multiple synthetic and “undesirable” ingredients.

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According to the 26-page lawsuit against Handel’s Enterprises, LLC, the chain markets that its “homemade” ice cream has been “Made Fresh Daily” at each store “since 1945,” with only the “best ingredients.” The suit alleges that these representations are “patently false” and misleading to consumers because the ice cream, in fact, contains various synthetic dyes, preservatives and additives such as propylene glycol, FD&C #40, FD&C #1, citric acid, carrageenan, butylated hydroxyanisole (BHA) and disodium phosphate.

No reasonable consumer would consider these additives to be “fresh, high-quality ingredients,” the case argues, claiming that Handel’s hides the use of these “undesirable” components by deliberately keeping ingredient lists undisclosed.

In particular, FD&C #40 and FD&C #1—also known as red dye 40 and blue 1 dye, respectively—are synthetic food dyes that were recently banned from being served in California schools beginning in 2027, the complaint says. Red dye 40 is believed to be linked to hyperactivity, including ADHD, and allergies, migraines and mental disorders in children, the filing reports.

Blue 1 dye is associated with neurotoxicity, allergies, cancer, organ damage, reproductive problems and hyperactivity in children, among other health effects, the lawsuit states.

On top of allegedly deceptive marketing promoting the belief that Handel’s ice cream is made using traditional, home-style methods and high-quality ingredients, the claim that the products are “Made Fresh Daily” is also false, the suit asserts.

Consumers relied on these representations and paid a premium price for Handel’s ice cream, the case contends. Customers would not have paid as much, or purchased the products at all, had they been aware of the undisclosed synthetic ingredients, dyes and preservatives, the complaint charges.

The lawsuit looks to represent all California residents who purchased Handel’s ice cream within the applicable statute of limitations period.

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