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."
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.”
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.
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.