Weight Watchers Ice Cream Bar Suit Dismissed

Would-be class claims challenging the calorie count of Weight Watchers ice cream bars were preempted because plaintiffs did not sufficiently allege a violation of federal food labeling law, the U.S. District Court for the District of New Jersey said Oct. 15 (Burke v. Weight Watchers Int’l Inc., D.N.J., No. 12-06742).

Amy Burke sued Weight Watchers International Inc. and Wells Enterprises Inc., which manufactured the bars. She alleged the label on the companies’ Ice Cream Candy Bars said each bar contains 140 calories, but independent laboratory testing revealed a 20 to 36 percent higher calorie count, the court said. ...