If you’ve bought Breyers Natural Vanilla ice cream in the last eight years, you may be eligible for a cash payment, thanks to a class-action lawsuit that resulted in a nearly $9 million settlement. Here’s what you need to know to get compensation potentially.
The Lawsuit What You Need to Know
The original lawsuit, McKinley et al. v. Conopco, Inc. et al., was filed on June 26, 2023, in the Supreme Court of New York, Bronx County. The plaintiffs claimed that Breyers falsely advertised its Natural Vanilla ice cream, making it seem like the vanilla flavor only came from the vanilla plant.
However, the lawsuit alleges that the ice cream also contained flavors from non-vanilla plant sources.
Breyers is owned by Unilever United States, Inc., and Conopco, Inc. (an advertising firm) was named a defendant in the case. Both companies deny any wrongdoing and dispute the allegations.
What Breyers Says About the Vanilla Flavor
A spokesperson for Breyers responded to the claims, saying, “Breyers Natural Vanilla is made with naturally sourced, Rainforest Alliance Certified vanilla, and is carefully crafted to deliver the quality and taste people have loved for over 150 years.”
Although the lawsuit is still being settled, Breyers maintains that its product is of high quality and insists on the authenticity of its ingredients.
Changes to the Product Formula
As part of the settlement agreement, Unilever has agreed to reformulate the ice cream to ensure it no longer contains vanilla flavoring from non-vanilla plant sources. They must develop this new formula within one year of the final settlement.
This move is designed to address concerns raised by the lawsuit, ensuring that the vanilla flavor in the ice cream only comes from the vanilla plant.
The $8.85 Million Settlement Who’s Eligible?
The settlement includes a fund of $8.85 million to compensate customers who purchased Breyers Natural Vanilla ice cream between April 21, 2016, and August 14, 2024.
If you’ve bought Breyers Natural Vanilla ice cream during this period, you could be entitled to a cash payout.
How to Apply for Your Cash Settlement
If you qualify, you must submit a claim by February 19, 2025. Here’s how you can file a claim:
- With Proof of Purchase: You can get $1 per product without a limit on how many products you claim.
- Without Proof of Purchase: If you don’t have receipts, you can still claim $1 per product, but only for up to eight products.
- Combination of Both: You can file claims with and without proof of purchase, and the payout will be based on the total number of products claimed.
Filing Your Claim
Only one claim form per household is allowed, so gather all necessary information before you submit. If the total number of claims exceeds the $8.85 million settlement fund, the payments will be divided equally among all valid claims.
Remember, you’ll need to act fast— the deadline to file your claim is February 19, 2025.
Opting Out or Filing an Objection
You can opt out if you don’t want to participate in this settlement and would prefer to sue the company alone. To do so, you’ll need to submit an exclusion form. You can find this form on the settlement website or mail or email a written request to the claim administrator. The deadline to opt out is October 31, 2024.
Additionally, if you have any objections to the settlement, you can present them to the court. The court will hold a fairness hearing on November 21, 2024, to determine whether the settlement is fair and reasonable.
If you wish to object, ensure your concerns are filed with the court before this hearing.
The Lawyer Behind the Lawsuit “The Vanilla Vigilante”
The lawyer leading this case, Spencer Sheehan, is well-known for his efforts to hold food companies accountable for what he believes are misleading product labels.
Sheehan, often called the “Vanilla Vigilante,” has filed more than 400 lawsuits against companies like Tostitos, Velveeta, Kellogg’s, and Fireball Cinnamon Whisky. Many of these cases focus on companies misleading consumers about the source of their flavors.
Why This Settlement Matters
Food labeling and advertising have become hot topics, with consumers paying closer attention to what goes into their food. This lawsuit highlights how important it is for companies to be transparent about their ingredients, especially regarding natural flavors.
In this case, the plaintiffs argued that customers believed they were purchasing ice cream flavored solely by natural vanilla when, in fact, it may have included other plant-based flavorings.
If you bought Breyers Natural Vanilla thinking it was made only from vanilla beans, you might feel that the advertising was misleading, and now, you have a chance to be compensated for that.
Important Dates to Remember
- Deadline to File a Claim: February 19, 2025
- Deadline to Opt-Out or Exclude Yourself: October 31, 2024
- Fairness Hearing: November 21, 2024
If you believe you’re eligible for compensation, visit VanillaIceCreamSettlement.com to file your claim. Remember, this is your chance to get compensation for a product you may have purchased under potentially misleading advertising.
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