No Certification in Ben & Jerry's Ice Cream Label Suit

Ben & Jerry’s Homemade Inc. won’t have to face a class action over “natural” labeling on ice cream allegedly containing a synthetic ingredient because it’s impossible to ascertain which purchasers are class members, the U.S. District Court for the Northern District of California said Jan. 7 in an opinion denying certification (Astiana v. Ben & Jerry’s Homemade, Inc., 2014 BL 3609, N.D. Cal., No. 10-4387).

Skye Astiana alleged Ben & Jerry’s ice cream, frozen yogurt and popsicle products were deceptively labeled “all natural” when they contained cocoa processed with a synthetic alkali. She sought to represent a national ...