Thanks to a nearly $9 million settlement against Breyers Ice Cream, customers who bought its Natural Vanilla flavor in the past eight years may be eligible for cash payment.
The original class action lawsuit, McKinley et al. v. Conopco, Inc. et al., was filed on June 26 in the Supreme Court of the State Of New York, Bronx County, alleging the ice cream company falsely advertised “vanilla” on its product as if its flavor came only from the vanilla plant when, in actuality, it contained non-vanilla plant flavors.
Defendants Unilever United States, Inc., which owns Breyers, and Conopco, Inc., the advertising firm Breyers works with, “dispute all of these allegations and deny any wrongdoing,” according to the settlement, and the court “has not decided who is right.”
“While we don’t comment on litigation, 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,” a Breyers spokesperson tells TODAY.com.
According to a press release from the Supreme Court of the State of New York, Unilever will be required to “develop a new Product formula” that does not include vanilla derived from non-vanilla plant sources within one year of the settlement becoming final.
The defendants have also been instructed to compensate plaintiffs through a $8.85 million settlement fund. This includes those who purchased Breyers Natural Vanilla ice cream in any size in the U.S. from April 21, 2016 through Aug. 14, 2024. You can find a complete list of the products here.
The lawsuit was filed by New York firms Reese LLP and Sheehan and Associates, which is by Spencer Sheehan, who has earned himself the nickname “Vanilla Vigilante“ for bringing more than 400 lawsuits of this kind, targeting products on grocery store shelves, including (but not limited to) Tostitos, Velveeta, Kellogg’s and Fireball Cinnamon Whisky.
How to apply for a cash settlement
According to the settlement website, cash payments will be awarded to class members who submit the following by Feb. 19, 2025:
- Valid claims with proof of purchase ($1 per product with no limit).
- Valid claims without proof of purchase ($1 per product with a maximum of eight products).
- Valid claims for products with both proof of purchase and without proof of purchase (combined cash payment benefits).
According to the settlement, only one claim form can be submitted per household. And if the amount of valid claims adds up to more than $8.85 million, payments will be divided equally among each settlement class member.
Customers who reserve the right to sue the company on their own can forfeit the cash payment from this specific settlement by filling out an exclusion form found here, or mailing or emailing a written request for exclusion to the claim administrator by Oct. 31.
On Nov. 21, the court will hold a fairness hearing to decide whether or not the settlement is reasonable. The court will consider any objections.
“Please do not call the Court or the Clerk of the Court for information about the Settlement,” the court wrote.
