Brooklyn-based Van Leeuwen Ice Cream is facing a class action lawsuit alleging deceptive marketing practices related to its “Honeycomb” ice cream.
Two consumers, Chioma Viola Ozuzu and Telon Weathington, filed the lawsuit in federal court on November 15, accusing the company of misleading customers about the ingredients in its Honeycomb ice cream. According to the complaint, the ice cream, despite being labeled “Honeycomb,” does not contain honey or honeycomb, deceiving consumers into paying a premium for what they believe to be a high-quality product.
The plaintiffs claim that the “Honeycomb” label gives the impression the ice cream contains honeycomb, or at the very least honey, but neither is actually included in the product. “Unbeknownst to customers, the products contain no honeycomb. Indeed, the products contain no honey whatsoever,” the lawsuit states.
Ozuzu, a New York resident, and Weathington, a California resident, both purchased the ice cream in 2023 and 2024, relying on the product’s labeling. They argue they would not have bought the ice cream—or would have paid a lower price—had they known it did not contain the advertised ingredients.
Van Leeuwen, known for its artisanal ice cream made with high-end ingredients, markets the Honeycomb flavor as a premium offering, priced at approximately $12 per pint. The plaintiffs assert that this premium image is undermined by the misleading label, which they say falsely advertises the product’s contents.
The lawsuit accuses Van Leeuwen Ice Cream LLC of violating state and federal consumer protection laws, including false advertising, breach of warranty, and deceptive trade practices. The plaintiffs are seeking class action certification, damages, legal fees, and a jury trial.
This lawsuit comes after Van Leeuwen recalled over 4,000 pints of its Brown Sugar Chunk ice cream in 2023 due to a risk of undeclared walnuts.
The plaintiffs are represented by Robert Abiri, Benjamin Heikali, Ruhandy Glezakos, and Joshua Nassir of Treehouse Law LLP. The case is filed in the U.S. District Court for the Southern District of New York under case number 1:24-cv-08714.
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