By Daily Mail (U.S.) | Created at 2024-09-30 17:30:42 | Updated at 2024-09-30 19:27:59
2 hours ago
Shoppers who purchased Breyers Ice Cream between 2016 and 2024 may be entitled to a portion of an $8.85 million settlement.
The ice cream brand is paying out nearly $9 million following a class action lawsuit filed against Conopco, Inc and Unilever United States, Inc.
The lawsuit claimed Conopco and Unilever falsely advertised Breyers Natural Vanilla ice cream ingredients, according to the Supreme Court of the State of New York, Bronx County.
'Plaintiffs filed this lawsuit against the Defendants alleging the Defendants' labeling of Breyers Natural Vanilla ice cream gave consumers the impression the ice cream contained vanilla flavor derived only from the vanilla plant and not from non-vanilla plant sources, and allege that it contained non-vanilla plant vanilla flavors,' a news release read.
Conopco and Unilever, the advertiser and parent companies of Breyers, agreed to the settlement, but insisted they did did nothing wrong.
Breyers paying out nearly $9 million to shoppers following a class action lawsuit filed against Conopco, Inc and Unilever United States, Inc
According to the lawsuit filed earlier this year, the ingredient list didn't include its non-vanilla plant flavors.
The alleged mislabeling was the result of two actions: Negligent misrepresentation and unjust enrichment on behalf of a nationwide class, according to Law Inc.
The plaintiffs sought monetary damages and an injunction to stop the alleged false advertising.
Based on the agreement in court, the $8.85 million in monetary damages will be going into a Settlement Fund, and cash payments will be going to qualified claimers.
Ice cream buyers who purchased any size Breyers Natural Vanilla product in the US sometime between April 21, 2016, and August 14, 2024, would likely qualify.
The lawsuit claimed Conopco and Unilever falsely advertised Breyers Natural Vanilla ice cream ingredients
Shoppers who decide to file a claim online or by mail can choose between two kinds: A claim with proof of purchase and a claim without proof of purchase.
Claims with proof of purchase are those supported by documents that prove someone bought a product.
Breyers purchasers qualified for a cash payment from the claim with proof of purchase will receive $1 for each Natural Vanilla ice cream product with no item limit.
Claims without proof of purchase are filed by someone who does not have documents to prove they bought an item.
Shoppers who decided to file a without proof of purchase claim in this situation can earn $1 for each product, eight being the maximum.
However, settlement members who submit a claim for products with and without proof of purchases will have those compensation amounts combined.
Consumers must submit their claim forms on or before February 19, and each household is only allowed to file one.
Shoppers who decide to file a claim online or by mail can either provide or not provide proof of purchase in their claims
The Court will hold a hearing on November 21 to decide if the $8.85 million settlement is fair.
Breyers is also required to create a new product formula that 'does not include vanilla derived from non-vanilla plant sources' within the year.
