When you buy ice cream, do you look at the ingredients?  If the packaging shows a beautiful enticing photo of the delicious ice cream inside, do you care what the ingredients are? If the packaging says chocolate, do you expect coco beans to be used to make the ice cream?

For those of us with dietary restrictions, we have learned to read labels.  I realize, however, that not everybody does.  It is amazing at how many ingredients exist and are acceptable that may not be what we expect.  For example did you know that using vanillin to flavor vanilla ice cream instead of using vanilla beans or extract is acceptable?  Of course, packaging is crucial.  If the packaging claims the ice cream to be made with coco beans or vanilla beans, but it’s made with other ingredients, then perhaps a lawsuit for false, misleading and/or deceitful advertising.

Best business practice is to have all marketing be legally compliant with all applicable laws in the USA. It is best to have your labeling reviewed for FDA compliance, if applicable, along with the packaging to hopefully avoid potential false and misleading advertising lawsuits.

For more information: https://law.justia.com/cases/federal/district-courts/new-york/nysdce/1:2019cv09227/524067/27/