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07-08-2018 12:59 AM
When I read this, I couldn't help but think of Josie Maran containers.
https://people.com/food/halo-top-class-action-lawsuit-under-filling-pints/
Two customers in California think part of the reason Halo Top is so “guilt-free” is because they aren’t fully filling their pints.
In a class action lawsuit, Youssif Kamal and Gillian Neely allege that the light ice cream brand has been “routinely” under-filling their ice cream packages, and that customers aren’t getting what they pay for, The Daily Meal reports.
“Halo Top underfills its ‘pints’ of ice cream,” the complaint reads. “Dramatically so at times, and as a course of business. Purchasers of the premium-priced ice cream simply have no idea how much ice cream they will get each and every time they buy a Halo Top ‘pint.’ And Halo Top has been doing this for years.”
The 13-page complaint is addressed to Eden Creamery, LLC, Halo Top’s parent company, and extensively details complaints about Halo Top’s “misleading advertising.” The complaint alleges that so much of Halo Top’s promotional value relies on being low-calorie “per pint,” but each pint contains a different amount of ice cream.
“Although Halo Top markets and sells its ice cream in pints, it does not actually deliver a pint of ice cream to its customers,” it reads.
The complaint is being filed on behalf of more than 100 people from multiple states, and they are seeking over $5 million, exclusive of interests and costs for the missing ice cream.
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“We have never and would never ‘underfill’ our pints,” a spokesperson from Halo Top told PEOPLE in a statement. “Product settling can occur from time to time due to everything from heat fluctuations to altitude changes during shipping and handling.”
Food Navigator consulted lawyers on the matter and stated that Halo Top will likely base their defense on “slack fill,” which refers to the empty space in a container that serves a functional purpose, like protecting a product during storage or transport. But the website notes that the laws would not protect a company that purposefully fills a package “substantially less than its capacity” or any type of slack fill that doesn’t serve a functional purpose.
07-08-2018 02:08 AM
I know exactly what they mean! This is a picture I took sometime last year of a Halo Top I had just opened! I was so angry. So I wrote Halo Top and they came back with a story about being a small company and being dependent upon using trucks that weren't theirs. They said their ice cream was sitting on trucks while other deliveries were being made and their ice cream was melting and then refreezing. They claimed this is why it it is condensed down into the container.
Anyhow I received some free coupons and decided maybe I should try another brand. Besides being discouraged about the lack of ice cream in each pint, I think the cost is outrageous. In a regular grocery it is $5.99 for a pint! If Costco has it, I can buy 4 pints for $11.00 and change. The markup up in a regular grocery is just too much for me to be happy with. Someone is making out big time.
I hope those people win and Halo Top is made to start filling their containers properly.
07-08-2018 02:25 AM
Wow, you get a half gallon of Blue Bell, the best ice cream in the country, for $6.00. I'd never in a million years buy the Halo stuff.
07-08-2018 02:38 AM
My lawyer charges $150 just to answer his phone. I personally just take a defective item back to the store............. Filing suit seems a bit overboard to me...............
07-08-2018 02:59 AM
07-08-2018 07:46 AM
07-08-2018 09:51 AM
I've never bought Halo Top so I don't know anything about it. However, if something is sold by weight and the weight matches (or not), then it's pretty obvious either way, yes?
If Consulte Beauty or JM or any other cream is sold by weight and it's half full, do you weigh it to see if the weight is the correct amount? i ask because either Lancome or Estee Lauder had this issue back in the late 80's and the answer was they make the jar larger so the product doesn't ooze down the side when you close it. I get that as I have products that do that. Some thing changed and they started making the jars smaller and the product went all the way to the top. I remember my mom complaining about the change, lol, because product would now ooze when she put the seal back on.
In any event, if the weight is what is shown on the label, then you have your answer. And if any company is giving you less than what you paid for weight wise, then yes, they SHOULD be sued.
I'm going to see if my Costco carries Halo Top because now I'm curious as to why it's so expensive, lol.
07-08-2018 09:56 AM
I have noticed it to. I buy Halo Top and since I am on Weight Watchers, I measure and have measured many pints and it always comes up short.
07-08-2018 10:11 AM
I buy Halo Top and never had a problem. The ice cream may do some melting and refreezing by the time you get it home, maybe making it look like it’s less. I know when I open a new bag of chips it looks like it’s half filled, the company claims “ contents settle”.
07-08-2018 10:53 AM
@Kachina624Blue Bell costs about 20% more than that in Florida, but I used to pay it gladly because I thought their strawberries in vanila was the best ice cream ever. Then they had their problems and stopped shipping for a while and when their ice creams came back into Publix, I was terribly disappointed in the quality.
I did try them again, but no longer. They haven't ever gotten as good as they used to be and they routinely and even on sale cost more than Publix best when it's on sale. I no longer buy a whole lot of ice cream, but when I do I want to like it, so I really wish Blue Bell could match what they used to sell.
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