No Early Out for Unilever in Breyers Vanilla Ice Cream Label Row

Unilever United States Inc. failed to convince a California federal court to grant it an early exit from a would-be class suit alleging it tricks Breyers “natural vanilla” ice cream purchasers into thinking the flavor comes exclusively from vanilla beans and extract.

Lisa Vizcarra sought damages and injunctive relief under California consumer protection laws, alleging Unilever’s marketing is false and misleading because laboratory testing revealed that the ice cream’s vanilla flavor is derived mainly from substances other than those that come from the vanilla plant.

The pre-suit notice requirement of the California Consumers Legal Remedies Act is satisfied here, the ...