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.”

  • @MrJameGumb
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    5914 days ago

    I’m sure all that will happen is they’ll change the label to say “pistachio flavored ice cream” lol

    • @[email protected]
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      14 days ago

      That’s still a win though, because nobody will be duped into paying a premium for artificial flavoring.

      A related label that pisses me off is “zero sugar” when artificial sweeteners are used. I like sparkling water, in large part because it has absolutely no sweetener of any kind in it, but sometimes in a hurry I grab one of these pieces of shit and it really pisses me off.

      • @iopq
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        814 days ago

        Zero sugar is a correct label in that case

        • @[email protected]
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          414 days ago

          So is “artificially sweetened”, “natural sweeteners added” or any host of other, more useful descriptors.

          Product nutrition labels are not the place for “it’s technically correct” phrasing.

          • partial_accumen
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            714 days ago

            So is “artificially sweetened”,

            That description doesn’t communicate if there is any sugar (calories) in it or not. That label would be accurate on a zero calorie or full calorie beverage.

            The term you’re looking for is “unsweetened”. That tells you there’s no natural or artificial sweeteners in it.

            • @[email protected]
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              114 days ago

              I understand this. My point is “zero sugar” and “no sugar” are obtuse terms and much better ones exist.

              Using a man-made sweetener? Call it artificially sweetened.

              Using a natural sweetener other than sugar? Say so, it’s not hard and also less of a misdirection than the phrasing they like to use.

              • partial_accumen
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                214 days ago

                I think you’re looking at these labels thinking they are there to solve your problem of labeling a beverage that isn’t sweet (by any means). They aren’t.

                These labels are there because most buyers of beverages are interested in if they contain calories or not. So the “zero sugar” clearly solves that.

                Unless enough buyers are like you that they are seeking an unsweetened beverage, you’re out of luck looking for every beverage to be labeled as “sweet” or “not sweet”.

                • @[email protected]
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                  114 days ago

                  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.

      • TheRealKuni
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        114 days ago

        Just gotta look for “unsweetened.”

        It is wild to me how many flavored waters are sweetened. The unsweetened ones are perfectly fine, why do they need to be so saccharine?

        • @[email protected]
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          14 days ago

          I do look for that, but sometimes I’m not paying 100% attention (the fact that I need laser focus to fucking buy water is another issue).

          It also doesn’t help when manufacturers use shrinkflation as an opportunity to update their packaging (is this a new product or just a smaller version of the old one?)

          It ALSO doesn’t help that they love to put the saccharine shit - sorry, the “artificially sweetened” - nope, not right either - the “sweetened with something that’s not sugar” crap right next to the water. They want it to be healthy-by-association. It needs to be next to the sodas though, since it’s a drink for people looking for an alternatively sweet product. Those of us looking for water aren’t interested in it, which all adds up to making me think their marketing plan is to get people to buy it on accident.

          • TheRealKuni
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            214 days ago

            I know people who genuinely don’t like stuff like LaCroix because they say there isn’t enough flavor, and instead drink the sickly sweet swill like “Sparkling Ice.” My best man is like this. There are many things about him I cannot comprehend, and this is one of them.

            So the market certainly exists.

    • mad_asshatter
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      14 days ago

      ** no actual pistachios were used for flavor.

    • partial_accumen
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      614 days ago

      Introducing new PistaSHEO ® ice cream, only from Cold Stone!

    • 🇰 🔵 🇱 🇦 🇳 🇦 🇰 ℹ️
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      14 days ago

      It’s also cold stone, so you can get a mix-in of pistachios and actually have real pistachios in your pistachio flavored ice cream.

      Also: Now I wonder if the cheese cake ice cream has cheese cake in it. I usually assume everything is artificially flavored unless it’s plain chocolate or vanilla.

      • @[email protected]
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        814 days ago

        Vanilla is a pretty expensive spice and vanillin can be synthesized from oil or wood, you should probably assume most things vanilla flavored are artificially flavored. There is way more demand for vanilla than the amount of vanilla pods grown in the world.

        • themeatbridge
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          314 days ago

          Also, the little flecks of vanilla bean in ice cream is often not vanilla bean.

        • @Treczoks
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          114 days ago

          Nor, as I have learned, are there sufficient strawberries in the world to flavor the “strawberry” ice consumed in the US.

          Luckily, one can create “natural strawberry flavor” by pressure cooking pine wood shavings in alcohol.

      • themeatbridge
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        114 days ago

        I think this has me on the fence.

        Cold Stone mixes the ice cream in front of you. Like, that’s the schtick. To make that easier, their ice cream doesn’t have any nuts or candies or anything already mixed in.

        So they can’t add actual pistachios to their pistachio ice cream. They could use natural pistachio flavor, but I understand why they don’t.

        Anything that is artificially flavored should be properly labelled, so I think this is a valid lawsuit. But I would have expected that Cold Stone uses artificial flavors in most of their ice cream.

        • TheRealKuni
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          114 days ago

          Pistachio ice cream doesn’t have large pieces of pistachio in it. It has pistachio that’s been blended into a paste and mixed with ice cream. Like how creamy peanut butter doesn’t have chunks of peanut in it but peanuts are still the main ingredient.

          • themeatbridge
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            214 days ago

            I don’t usually get pistachio ice cream, but I remember having some that had pistachio pieces in it. Thinking back, I would guess that the pistachio pieces were there to lend authenticity to the artificially flavored neon-green ice cream. And I know I’ve had ice cream with peanuts in it. Rocky Road maybe? Or maybe a Ben and Jerry’s flavor.

            In fact, the pistachio pieces in the green stuff could have been peanuts for all I know.

  • @Veedem
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    3914 days ago

    It’s a decently fair complaint. Other food products have to use language to somewhat clearly differentiate between real and “flavored like” products.

      • @Veedem
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        514 days ago

        That still makes it sound like there’s real honey in it. Should be “Honey Flavored Sauce” IMO

        • @[email protected]
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          111 days ago

          100% agree. America lets a lot of crap slide that shouldn’t. The main ingredient in said “sauce” last I checked (which to be fair, was many years ago) was high fructose corn syrup.

  • @Treczoks
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    1114 days ago

    Like the “Butter Chicken” sauce in a jar that I saw in the supermarket. Basically: “Fry chicken, pour contents of jar over it, cook ten minutes, ready!” like. With 7.5g of butter in total for four servings of butter chicken.

    My Butter Chicken (Murgh Makhani) uses 100g butter for the sauce, and some Ghee for frying purposes.

    Although I have seen recipes on he net which are completely devoid of butter. Why do they still call this “Butter Chicken” then?

  • @workerONE
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    -1414 days ago

    I would never think that butter pecan ice cream would contain butter

    • @[email protected]
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      14 days ago

      You toast pecans in butter for several minutes to get that specific flavor. Butters a prominent ingredient and a core flavor.

      You should think that butter pecan ice cream would contain butter, because it’s supposed to.

      You should expect it the same way you would expect pecans, because they are both named ingredients of the flavor.

    • @[email protected]
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      14 days ago

      I’m confused, are you against consumer rights? I don’t think anyone actually cares if it’s real or fake. They just want it to be on the packaging so they can make an informed choice

    • @[email protected]
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      1614 days ago

      If you want to advertise your “Pistachio flavored confectionery” you can put whatever you want in it - if you’re calling it “Pistachio Ice Cream” I expect actual pistachios to be contributing mainly to the flavoring. I’m honestly sad we allow “X flavored” instead of forcing these shit-heels to explicitly call it out like “Artificially X flavored” but it’ll take a lot of consumer advocacy to get us back into the realm of sanity.

    • Flying Squid
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      614 days ago

      Are you one of those people who thinks if a bad thing is not as bad as another bad thing then it isn’t bad at all?

      Because I’d personally rather be poked in the eye than stabbed in the chest, but I wouldn’t say either thing was good.

      • TheRealKuni
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        214 days ago

        Because I’d personally rather be poked in the eye than stabbed in the chest

        Instructions unclear, proceeding to stab you in the eye.

        • Flying Squid
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          214 days ago

          And as in pain as I am, I’m not dead like I would be if you stabbed me in the chest, so you proved my point!

          Now, if you excuse me, I’m going to the emergency room.

          • @AngryCommieKender
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            214 days ago

            We really need to find you a good cleric. Not sure you could afford a Heal though.

            • Flying Squid
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              314 days ago

              Can I have a bionic eye?

              And can there be a cool sound effect when I run?

              “We can rebuild him. We have the technology.”