“Chocolate,” as in Costco’s Kirkland brand “Chocolate Almond Dipped Vanilla Ice Cream Bars,” simply and accurately tells consumers what the ice cream bars will taste like, the retailer said, urging a California federal court to throw out a deception suit.
Ankush Puri alleges Costco misleadingly portrays the ice cream bars as coated with real chocolate when they contain mostly vegetable oil.
But he failed to allege why a reasonable consumer would plausibly expect the flavor designator of the ice cream’s chocolate and almond coating to also include its non-flavoring ingredients,
The would-be class suit asserts that ...
Learn more about Bloomberg Law or Log In to keep reading:
See Breaking News in Context
Bloomberg Law provides trusted coverage of current events enhanced with legal analysis.
Already a subscriber?
Log in to keep reading or access research tools and resources.