Is it nuts to assume a scoop of pistachio ice cream should contain actual pistachios? Or how about real butter in a dish of butter pecan?
Such weighty questions about a favorite summertime confection could soon be decided by the courts.
A federal judge in New York has given the go-ahead to a Long Island woman’s class action lawsuit that claims consumers are being duped by Cold Stone Creamery when they purchase certain flavors that “do not contain their represented ingredients.”
Lead plaintiff Jenna Marie Duncan purchased her serving of pistachio ice cream from a Cold Stone Creamery store in Levittown, New York, in or around July 2022. According her lawsuit, Duncan “reasonably believed that the Pistachio ice cream she purchased from defendant contained pistachio.”
You’re probably right. Part of the reason it sets me off is because I assume they’re doing it on purpose. Maybe they are and I’m (partially) justified and maybe I’m attributing malice to stupidity or however that saying goes.
Fortunately this is a relatively infrequent occurrence as I’ve found the products I like. But god damn does it upset me when I pick up the wrong thing.
I don’t think they’re trying to trick people into drinking sweet drinks. I think they’re trying to appeal to their largest customer base (calorie conscious buyers). There is limited attention buyers have, so drink makers have to be careful not to put too much, so their most important parts of their message get through. In this case “zero sugar”. They are probably aware that some people like yourself end up with something you don’t like, but they just don’t care because it doesn’t negatively effect enough people for their sales to suffer.
So not really malice, or stupidity on their part, but apathy. They likely know, they just don’t care.