According to this new lawsuit, Halo Top is not filling its cupcakes to the top with a special foam ingredient used to make them more delicious. In fact, the company has a whole line of products based on the names of famous television shows. For example, there is a diet drink called diet version, which has no real recipe, just a simple phrase that says “low carb.” Other products include a lip balm and lip gloss, both with very little real ingredients.
Halo Top Lawsuit
This lawsuit follows a case in which one of the manufacturer’s pints was found to have lead in it, despite claims by the company that it passed an FDA inspection. In this case, the parent company of the ice cream company, Pabaya, has filed a lawsuit against the maker of Halo Top, claiming that the product was misleading about the amount of lead it contained. The parent company says that Pabaya failed to warn the public about the potential dangers of eating food that is labelled as having no MSG, despite a history of mixing food with lead.
A similar case, in which the plaintiff was awarded a judgment in a California federal court, was also sparked by the same problem.
This time, however, the problem was not the flavor of halo top, but the way that the company packaged it. There was a problem with a can of tuna that was used in packaging for the drink. The can was found to contain high levels of mercury, a substance banned in many places due to the serious health risks associated with it. The case was settled, but the plaintiffs are now fighting for bigger settlements, seeking damages for personal injury and property damage, as well as a refund for their wasted money.
Such lawsuits are not just about food.
The producers of popular television shows such as The Bachelor or Dancing With The Stars are facing such lawsuits over their use of exaggerated product descriptions in their advertisements. In one case, an infomercial for a green tea competitor was recently ruled on. The infomercial featured shots of what appeared to be ordinary, green tea ice cream being swished around in a glass.
A lead ice cream manufacturer was recently forced to pay a settlement after a lawsuit was filed by a customer who claimed that the product was mismisleading.
The description of the product being promoted was that it was a “full pint” of this product, when it was actually only a “pepette” size. The manufacturer was ordered to pay the customer $2.75 million in damages, as well as a refund for any goods sold that were marked as being a “full pint”.
Such lawsuits are not isolated to “quick lube” drinks or “diet sodas”.
The rising number of such lawsuits highlights the importance of accurate and clear labeling. As the age-old saying goes, “A case of buyer beware…” Clearly, the makers of Halo Top cannot wait for the FTC to enact laws requiring clear labeling of their products. If they do, the manufacturers of “Halo Top” will not be able to safely sell their product in the United States. It is time for the FTC to protect consumers from false advertising and promote uniformity in the labeling of all types of goods.
