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Cold Stone Creamery sued over ‘pistachio’ ice-cream with no pistachios

Judge says case presents ‘deceptively complex question about the reasonable expectations’ of those that purchase such a flavor

Imagine you are at the ice-cream shop, an array of colorful flavors lie before you in a glass case. A flavor calls to you, its label reads “pistachio”.

After your purchase, you look online at the ice-cream shop’s website. Turns out, the pistachio ice-cream had no pistachios in it. Instead, it had “pistachio flavoring”, made up of “water, ethanol, propylene, glycol, natural & artificial flavor, yellow 5 [and] blue 1”.

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