Texans for Lawsuit Reform

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In the News

Halo Top is being sued for over $5 million for ‘routinely’ under-filling its pints ‘for years’

Statesman, June 27, 2018

By: Madison Roberts

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.

“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.

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Texans for Lawsuit Reform

Texas ports are thriving today, but in the early 2000s, abusive personal injury lawsuits threatened to shut them down. As the Port of Houston begins a long-awaited expansion, read more about the common-sense lawsuit reform in 2007 that saved our state’s shipping industry in this week’s TLR blog, For the Record: bit.ly/3aeTy6n ... See MoreSee Less

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Wishing everyone a very happy Fourth of July!
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Happy Independence Day America Today we celebrate our Republic 🇺🇸

Texans for Lawsuit Reform

4 days ago

Texans for Lawsuit Reform

In case you missed it: Specialized business courts like the Delaware Court of Chancery can be an important addition to a state’s economic foundation. These courts quickly and expertly handle complex business litigation, freeing up other courts to handle other types of cases. Read and share: bit.ly/3y7zwnI ... See MoreSee Less

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Much has been written about Elon Musk—eccentric billionaire, CEO of some of the most innovative companies in the world and… future owner of Twitter? While the nuances of this deal are daily fodder...
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Texas ports are thriving, but in the early 2000s, abusive lawsuits threatened to shut them down. Read more about the common-sense reform that saved our state’s shipping industry in this week’s TLR blog, For the Record: https://bit.ly/3aeTy6n

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