Breyers, the popular frozen dessert brand, has agreed to pay $8.85 million to settle a class action lawsuit over allegations that it misled consumers with false advertising regarding the contents of its “Natural Vanilla Ice Cream.” The lawsuit claims that the company’s marketing materials falsely suggested that its ice cream contained real vanilla, when, in fact, it did not meet those claims. This settlement comes despite Breyers not admitting any wrongdoing.
Background of the Lawsuit
The class action lawsuit was filed after several customers claimed that Breyers misrepresented its product as containing real vanilla, when in reality, the ice cream contained vanillin, a synthetic vanilla flavoring. Many consumers said they were influenced by the misleading advertisement to purchase the product, under the assumption it was made with all-natural ingredients. This led to concerns about consumer trust and has the potential to negatively impact the company’s reputation and sales.
$8.85 Million Settlement to Address Allegations
To resolve the claims and avoid prolonged litigation, Breyers has agreed to settle for $8.85 million. The settlement will provide compensation to eligible consumers who purchased the ice cream between April 21, 2016, and August 14, 2024. However, the company has not admitted any fault or wrongdoing in connection with the settlement.
Who is Eligible for Compensation?
Consumers who made a purchase of Breyers Natural Vanilla Ice Cream during the specified period may be eligible for compensation. To qualify for a share of the $8.85 million settlement, the following criteria must be met:
Residency: The claimant must be a resident of the United States.
Purchase Date: The purchase of Breyers Natural Vanilla Ice Cream must have occurred between April 21, 2016, and August 14, 2024.
Claim Submission: A valid claim form must be submitted before the deadline of February 19, 2025.
Proof of Purchase: Consumers who have proof of purchase can receive compensation based on the number of items purchased. Those without proof of purchase may still be eligible, but can claim compensation for up to 8 products, which translates to a maximum of $8.
Types of Claims and Settlement Categories
There are two primary categories of claims for the settlement:
Claims with Proof of Purchase: Consumers who provide evidence of their purchase, such as a receipt, credit card statement, or email confirmation from the retailer, will receive compensation based on the total number of eligible products they purchased. If the total compensation exceeds the available settlement amount, payments will be prorated.
Claims without Proof of Purchase: Those who do not have proof of purchase can still submit a claim, but they will be limited to a maximum of $8—enough to cover 8 products.
How to Participate in the Settlement
Eligible consumers can take one of the following actions:
Submit a Claim: If you are eligible, submit a claim form by February 19, 2025, to receive compensation.
Opt Out: Consumers who wish to exclude themselves from the settlement can do so by October 31, 2024. Exclusion means they will not receive compensation but will retain the right to pursue individual legal action against Breyers.
Object to the Settlement: Those who disagree with the settlement terms can file an objection before the October 31, 2024 deadline.
Do Nothing: Consumers who fail to submit a claim or object to the settlement will lose their eligibility for compensation and forfeit any legal rights to pursue the matter further.
Conclusion
This $8.85 million settlement offers consumers a chance to be compensated for purchases made under the assumption that they were buying a product made with real vanilla. The class action lawsuit and its resolution underscore the importance of accurate marketing and transparency in consumer goods advertising.
Consumers who believe they are eligible should act promptly to ensure they are included in the settlement before the deadlines pass.
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