- Yesterday, a proposed false advertising class action was filed in California against Handel’s, alleging the ice cream retailer claims its frozen treats are “homemade,” use “the best ingredients,” and follow “original methods and recipes” dating back to 1945, though the products reportedly contain artificial food dyes and polypropylene glycol. (Law360 subscription required.)
- In the complaint, the plaintiff claims that Handel’s advertises that its “homemade ice cream” uses fresh, high-quality ingredients, but that its strawberry ice cream, for example, contains carrageenan, ethyl alcohol, propylene glycol, citric acid, and synthetic food dyes like Blue 1 and Red 40. The complaint also alleges that these synthetic ingredients are hidden, because the company does not list or disclose its ingredients in its stores or website. Additionally, Handel’s claims on its storefronts, merchandise, signage, napkins and packaging that its ice creams are made fresh daily, or made fresh daily at each location, according to the complaint.
- The suit asserts several causes of action against Handel’s, including violations of California’s Consumer Legal Remedies Act, False Advertising Law, and Unfair Competition Law, as well as breaches of express and implied warranties, unjust enrichment, and common law fraud.
- The complaint explicitly makes reference to California’s School Food and Safety Act, which passed last year. As we previously reported, California’s AB 2316 became the nation’s first-ever bill banning public schools in the state from serving foods to children that contain Red 40 and various other synthetic food dyes. Other states have followed suit and the “Make America Healthy Again” (MAHA) movement aims to phase out synthetic, petroleum-based food dyes in the US food supply.
- Keller and Heckman LLP will continue to monitor developing legislation and litigation surrounding artificial food dyes.