It’s not easy for consumers of a container of ice cream to know whether they’ve received a full pint or not. The complaint for this class action alleges that Eden Creamery, LLC, also doing business as Halo Top Creamery, regularly underfills its ice cream containers, sometimes “dramatically.” In fact, the complaint claims that the problem is well-known to the company, because its website contains a “low fill form response” to allow consumers to report underfilled pint containers.
The class proposed for this action is all persons who bought one or more pint containers of Halo Top ice cream and received less than a pint, in any of the fifty US states, the District of Columbia, Puerto Rico, and all other US territories and possessions. Alternatively, the complaint proposes a single- or multi-state class, including all persons who bought one or more pint containers of Halo Top ice cream and received less than a full pint, in California and other states with similar laws.
Halo Top has become the best-selling ice cream in the US, surpassing both Haagen-Dasz and Ben & Jerry’s. Halo Top claims to contain fewer calories that other ice cream and less sugar, and it adds protein to some of its flavors.
The concept of a pint is reinforced by the ice cream’s advertising and packaging, the complaint says. The containers are the standard ice cream pint containers and are prominently printed with the calorie count per pint. The website also offers to help consumers “find our pints” and tells consumers to “select your favorite pints.”
Halo Top encourages consumers to eat the whole pint. In a Time Magazine article in 2017, the company’s CEO said that “people can eat the whole pint …. It can fit into their diet without breaking the calorie bank.” A Fortune magazine article is quoted by the complaint as saying, “Halo Top’s advertising leans heavily on the idea that consumers can eat an entire pint without feeling guilty” and noting that the container lids tell consumers to “stop when you get to the bottom.”
However, the complaint contends that despite this emphasis on pints, the containers often do not contain a full pint of ice cream. It claims that the amount of underfilling appears to be random and not related to flavor or the location of the purchase.
The complaint claims violations of California’s Unfair Competition Law and Legal Remedies Act, as well as breach of contract.