Chocolate-Dipped Ice Cream Bars Accurately Named, Costco Says

June 15, 2021, 2:48 PM UTC

“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, Costco Wholesale Corp. says.

The would-be class suit asserts that ...

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