Jury Hands Down a Verdict in Prevagen Deceptive Marketing Case
Verdict comes nine years after TINA.org alerted regulator to supplement’s unsubstantiated health claims.
In September 2019, a class-action lawsuit was filed against Cumberland Farms for allegedly misleadingly marketing that several flavors of its Farmhouse Creamery Deluxe ice creams contain vanilla ice cream when, according to plaintiffs, the ingredient list on the cartons show that the products contain unspecified “Natural Flavor” and vanilla is not the sole flavoring ingredient. The complaint also alleges that the ice creams contain two coloring ingredients used in cheddar cheese (annatto and turmeric) to make the color of the ice cream look more like the flavor comes from vanilla. (Musikar et al v. Cumberland Farms, Inc., Case No. 19-cv-8410, S. D. NY.)
For more of TINA.org’s coverage of the marketing of vanilla ice cream, click here.
Verdict comes nine years after TINA.org alerted regulator to supplement’s unsubstantiated health claims.
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