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Well, Judge Brown was certainly in a fine mood that day. It appears as if the plaintiff did examine other ice cream brands and concluded that they do contain p
by jfengel 2y ago
Well, Judge Brown was certainly in a fine mood that day.
It appears as if the plaintiff did examine other ice cream brands and concluded that they do contain pistachios, so consumers have a right to expect that. That at least lets the suit go forward, though it's not clear if it's winnable.
There is standard language around this, though, at least when you sell something in packages. If it's only "flavored" you'd have to say "pistachio flavored", or even "pistachio flavored with other natural flavors". Cold Stone really should have a compliance officer who knows that. I don't know how it applies to a restaurant menu, though.