Cold Stone Creamery Sued By LI Woman Over Lack Of Pistachios: Reports

LEVITTOWN, NY — A Long Island woman filed a class action lawsuit against Cold Stone Creamery after visiting its Levittown store, claiming flavors "do not contain their represented ingredients," notably pistachio ice cream that does not contain pistachios, according to reports.

A federal judge in New York green lit lead plaintiff Jenna Marie Duncan's lawsuit after she purchased pistachio ice cream from the store in or around July 2022, NBC News reported. Duncan also listed the flavors mango, coconut, orange, mint, butter pecan ice creams and its orange sorbet in her lawsuit against Cold Stone Creamery, where she claims consumers are being duped.

Duncan, a Farmingdale woman, learned through the Cold Stone Creamery website that there are no pistachios used in the ice cream, USA Today reported. Duncan said if she knew the product did not contain pistachios, she would not have purchased it or would have wanted to pay significantly less for it, according to the lawsuit, USA Today reported.

Kahala Franchising LLC, the parent franchiser of nearly 1,000 Cold Stone Creamery locations across the world, did not immediately respond to Patch's request for comment.

The Cold Stone Creamery website says the pistachio ice cream contains pistachio flavoring made up of ingredients water, ethanol, propylene glycol, natural and artificial flavor, yellow 5 and blue 1.

Kahala sought to have the case dismissed, HuffPost reported. Kahala argued that a detailed list of ice cream ingredients is published online.