McKinley et al. v. Conopco, Inc. et al

An $8.85 million settlement has been reached in a class action lawsuit filed against Conopco, Inc., and Unilever United States, Inc. (together, “Defendants”). Plaintiffs filed this lawsuit against the Defendants alleging the Defendants' labelling of Breyers ® Natural Vanilla ice cream gave consumers the impression the ice cream contained vanilla flavor derived only from the vanilla plant and not from non-vanilla plant sources, and allege that it contained non-vanilla plant vanilla flavors. The Defendants dispute all of these allegations and deny any wrongdoing. The Court has not decided who is right.

You are a “Settlement Class Member” if you are a consumer who purchased the Product (Breyers® Natural Vanilla ice cream) in any size in the United States from April 21, 2016, through August 14, 2024.

Monetary Benefits Available to Settlement Class Members: Settlement Class Members who submit a valid and timely Claim Form by the deadline are eligible for the following cash payment(s):

1. Valid Claim with Proof of Purchase: If you are a Settlement Class Member and submit a Valid Claim with Proof of Purchase, you will receive $1.00 for each Product. There is no limit to the number of Products you can seek a cash payment for if Proof of Purchase is provided with your Claim Form.
2. Valid Claim without Proof of Purchase: If you are a Settlement Class Member and submit a Valid Claim without Proof of Purchase, you will receive $1.00 for each Product up to a maximum of 8 Products.

If you are a Settlement Class Member and submit a Valid Claim for Products with both Proof of Purchase and without Proof of Purchase, the cash payments will be combined. Each Household is limited to and may only submit one single Claim Form. If the total value of Valid Claims submitted exceeds the Settlement Amount after allowed fees are paid, the amount payable for each Valid Claim will be reduced on a pro rata (a legal term meaning equal) basis.

Injunctive (Non-Monetary) Benefit: Within 12 months of the Settlement becoming final, the Defendants will be required to develop a new Product formula that does not include vanilla flavor derived from non-vanilla plant sources.

Puede revisar los siguientes documentos del acuerdo en español: Aviso y Formulario de Reclamación.

Your Legal Rights and Options in This Lawsuit

Submit a Claim Form by February 19, 2025	The only way to get a cash payment is to submit a valid and timely Claim Form.
Exclude Yourself by October 31, 2024	The deadline to exclude yourself passed on October 31, 2024.
Object by October 31, 2024	The deadline to object to the settlement passed on October 31, 2024.
Do Nothing	Get no cash payment. Give up your legal rights.

These rights and options—and the deadlines to exercise them—are explained further in the Class Notice and on the Frequently Asked Questions (FAQs) page of this website. For complete details, please see the Settlement Agreement, available here.