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Judge Melts False Ad Claims Over Costco Ice Cream Bars

by scceu0255

By Dave Simpson (July 22, 2022, 7:27 PM EDT) — An Illinois federal judge dismissed putative class claims that Costco advertises its ice cream bars as chocolate-dipped when, in fact, the chocolate-coating is made with vegetable oils, ruling Thursday that the ice cream-eating plaintiff has not shown that his definition of chocolate aligns with the expectations of a reasonable consumer.

U.S. District Judge Charles R. Norgle tossed Mike Karlinski’s false advertising suit with prejudice, finding Karlinski hasn’t shown that a reasonable consumer would expect Costco Wholesale Corp.’s chocolate to be made mostly, or only, from cocoa bean ingredients.

“Rather, plaintiff’s alleged dictionary definitions of chocolate and the chocolate-making process suggest reasonable…

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