Halo Top is 'dramatically' under-filling pints, lawsuit alleges

The low-calorie ice cream is being sued for "routinely" under-filling pints (AP)

Two Californians are scooping a lawsuit onto Halo Top Creamery, with the plaintiffs alleging that the ice cream label is “routinely” and “dramatically” under-filling its increasingly popular low-calorie pints.

Gillian Neely and Youssif Kamal filed a 13-page complaint earlier this month against Eden Creamery LLC, accusing Halo Top’s parent company of swindling the American consumer.

Neely and Kamal were fired up after they "unknowingly paid for a full pint of Halo Top ice cream but did not receive a full pint," and further claimed that the brand "knows it is short-changing its customers, but refuses to do anything about it."

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Noting that Halo Top advertises its calorie count "per pint" on its opaque containers of “guilt free” ice cream, Neely and Kamal allege that those containers are "routinely under-filled… dramatically so at times, and as a course of business." They also claimed the that the low-calorie nature of the diet ice cream may confuse consumers into being satisfied with less-than-filled containers.

“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,'” the document states. “And Halo Top has been doing this for years.”

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The plaintiffs further point out that Halo Top is fully aware of the issue, citing a “low fill form response” available online for customers. Notably, they further state that Halo Top has surpassed powerful competitors including Haagen-Dazs and Ben & Jerry’s to emerge as the best-selling pint of ice cream in the U.S, with over 50 million pints sold since the start of 2017.

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Representatives for Halo Top returned Fox News’ request for comment with the following statement:

"We have never and would never “under-fill” our pints. Product settling can occur from time to time due to everything from heat fluctuations to altitude changes during shipping and handling,” a spokesperson said.