(New York, N.Y.) – A federal judge has given the green light to a woman from Long Island that got duped by her scoop. A woman from Farmingdale says that she ordered pistachio ice cream from Cold Stone Creamery in Levittown, however there were no actual pistachios in her dessert, only artificial pistachio flavoring.
Jenna Marie Duncan filed a class action lawsuit against the ice cream chain’s parent company Kahala Franchising, accusing them of false advertising. Legal experts say that she may have a case. There have been previous similar lawsuits like a case regarding vanilla flavoring versus actual vanilla beans. The judge in the case, U.S. District Court Judge Gary R. Brown also recognized that ice cream flavors can get tricky with fanciful and arbitrary terms like “Moose Tracks”.
New York State law prohibits any false or misleading advertising and victims through lawsuits are able to recover any actual damages suffered or $500, whichever one is greater.
