Halo Top Underfilled Pints Class Suit Mostly Survives Dismissal

Eden Creamery LLC can’t escape consumer claims that it underfills pints of its Halo Top lower-calorie ice cream, a federal court ruled June 26.

“The majority of defendants’ arguments do not warrant dismissal of plaintiffs’ claims at this stage because central to defendants’ motion are factual contentions not appropriate for resolution at the motion to dismiss stage,” Judge Cynthia Bashant wrote for the U.S. District Court for the Southern District of California.

A separate suit alleging Halo Top should clearly be labeled as “light” was voluntarily dismissed in 2018.

Consumers here alleged Eden Creamery “routinely” underfills pints and has done ...