Man sues diet ice cream company claiming dessert is misleading

A Queens man with a discriminating sweet tooth is suing a low-calorie ice-cream maker, claiming he sampled it thinking it was the real deal because of its misleading packaging.

Josh Berger bought a pint of diet brand Halo Top in 2017, under the impression that it was regular ice cream because of its “false, deceptive, and misleading” labeling, he charges in a suit filed against the parent company, Eden Creamery, in Brooklyn federal court on Thursday.

When Berger dug into the $6.99 pint, he was bummed to find that it was harder and less creamy than the regular ice cream he was hoping for.

Regular ice cream is required to have at least 10 percent milk fat, while Halo Top’s dairy flavors have 5 percent or less, the lawsuit notes.

Berger says he was tricked because the legally-required “light ice cream” label, while included on the container, was small and obscure relative to other companies’ health brands.

“Reasonable consumers are not aware they are purchasing a ‘light ice cream’ product,” his suit says. “[He] would not have purchased the products or paid as much if the true facts had been known.”

The suit even takes aim at the California-based company’s name, saying that when buyers hear “Halo,” they think of yellow, “a color associated with butter and cream.”

Halo Top — which offers 25 dairy flavors and 14 dairy-substitute flavors, all between 280 and 360 calories per pint — declined to comment.

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