Halo Top Consumer Suit Remanded for Dismissal Without Prejudice

Dismissal of a consumer fraud suit against Eden Creamery LLC over the amount of ice cream in Halo Top pints should have been without prejudice, a split Ninth Circuit panel said Thursday.

The district court erred in dismissing the consumers’ individual claims with prejudice because Eden Creamery didn’t show it was entitled to have them dismissed for good, two judges on the US Court of Appeals for the Ninth Circuit said.

Youssif Kamal and others filed a proposed class suit alleging Halo Top lower-calorie pint containers were systematically underfilled. The company contended that the product condenses, leaving space in the ...