Chaya Gurkov v. Real Kosher Ice Cream Inc.

Publication Year

Following Real Kosher Ice Cream Inc.’s (“Real Kosher”) recall of certain soft-serve desserts because of their “potential to be contaminated with Listeria monocytogenes,” a proposed class action filed in the U.S. District Court for the Eastern District of New York alleges Real Kosher “improperly, deceptively, and misleadingly labeled and marketed its Products to reasonable consumers . . . by omitting and not disclosing to consumers on its packaging that consumption of the Products may increase the risk of contracting invasive infections.” As of August 9, 2023, there have been two reports of such illnesses, one in Pennsylvania and one in New York.

[To accompany Case Law Update "Proposed Class Action Alleges Dairy Company Failed to Inform Consumers of Listeria Risk" from Brooks Animal Law Digest Issue No. 203]