(NEWSnet/AP) — A federal judge in New York approved a Long Island woman's lawsuit that claims consumers are duped by Cold Stone Creamery when they purchase flavors that do not contain “represented ingredients.”

In July 2022, lead plaintiff Jenna Marie Duncan purchased pistachio ice cream at a Cold Stone Creamery store in Levittown, New York. According to the lawsuit, Duncan "reasonably believed" the ice cream she purchased contained pistachios.

Later, Duncan learned there were no pistachios in the company's product, but “pistachio flavoring.” It’s defined as a mixture of water, ethanol, propylene glycol, natural and artificial flavor, yellow 5, and blue 1, according to the lawsuit.

“When consumers purchase pistachio ice cream, they expect pistachios, not a concoction of processed ingredients,” Duncan's lawsuit states.

U.S. District Court Judge Gary R. Brown writes how the case “raises a deceptively complex question about the reasonable expectations of plaintiff and like-minded ice cream aficionados."

Should a consumer ordering pistachio ice cream expect actual pistachios?

“If the answer is no, should that leave them with a bitter aftertaste,” wrote the judge, whose decision was released in May.

Brown's ruling allows the case to proceed. He acknowledges that Duncan's claim of deceptive practices under New York's General Business Law is “plausible.” The law prohibits “deceptive acts and practices in the conduct of any business, trade or commerce or in furnishing of any service.”

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