The class action lawsuit was filed on behalf of a class of persons seeking redress for Defendants’ deceptive practices in its advertising, labeling and marketing of Defendants’ Weight Watchers ice cream products; specifically the Diet Bars (defined below).
The Diet Bars are part of Defendants’ larger program of providing consumers with “sensible options that provide consumers a way to save calories.” In 2011, consumers around the world spent almost $5 billion on Weight Watchers branded products and services in large part based on Weight Watchers promise to provide consumers with such sensible options and ways of saving calories.
In reality, Defendants’ take advantage of consumers’ desire to save calories by deceptively advertising, labeling and marketing the Diet Bars to Plaintiff and other consumers nationwide as healthier, low-calorie snacks.
Indeed, consistent with Weight Watchers’ goal of “providing consumers a way to save calories” the marketing of the Diet Bars focuses primarily on the amount of calories per serving. For example, the amount of calories is listed first in the bolded and highlighted box on the front of the Diet Bars packaging.
Specifically, Defendants’ Ice Cream Candy Bars are deceptively advertised, labeled, marketed and sold to Plaintiff and other consumers as containing only 140 calories per serving when, in fact, they contain significantly more calories per serving. In reality, Defendants’ Ice Cream Candy Bars contain as much as 191 calories per bar.
As alleged, such information is clearly important to consumers who purchase the Ice Cream Bars as a way to save calories and to Weight Watchers, which admits that the amount of calories is “key nutritional information.” Indeed, by virtue of deceptively listing the amount of calories in the Diet Bars and by making the amount of calories a central theme in their marketing of the Diet Bars, Defendants are able to increase their sales and profits from the Diet Bars.
Defendants’ claims regarding their Ice Cream Candy Bars are also false and misleading because they are promoted as being made with “low fat” ice cream when the products as a whole are anything but “low fat.”
Indeed, 57% of the calories in Defendants’ Ice Cream Candy Bars are from fat. Defendants have a full line of similarly-mislabeled frozen ice cream bars, including Divine Triple Chocolate Bars, Dark Chocolate Dulcé de Leché Ice Cream Bars, Dark Chocolate Raspberry Cheesecake Ice Cream Bars, Strawberry Fruit Bars, Chocolate Dipped Strawberry Ice Cream Bars, GIANT Chocolate Fudge Bars, Snack Size Fudge Bars, Strawberry Smoothie Bars, GIANT Latté Bars, Dark Chocolate Raspberry Ice Cream Bars, GIANT Chocolate Cookies & Cream Bars, GIANT Cookies & Cream Bars, and English Toffee Crunch Bars (collectively, along with the Ice Cream Candy Bars, as the “Diet Bars”).
As a result of their deceptive marketing and advertising of the Diet Bars, Defendants have generated (and continue to generate) substantial revenues from the sale of the Diet Bars to unwitting consumers nationwide, who would not have purchased the Diet Bars had they known the truth about their caloric and fat content.