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Valparaiso Univ. Law School

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Thursday, February 24, 2005

It's not nice to fool Mother Nature

The Breyer’s "All Natural Ice Cream" folks are being sued because they use milk that has been enhanced by growth hormones.  A class action complaint has been filed in a Missouri state court. The suit also names a retail seller, Schnuck’s Markets, Inc.

The case may raise a nice interpretation issue.  Breyer’s, a unit of the European Unilever combine, allegedly advertises that it uses "only the finest ingredients from all natural sources in the manufacture of Breyers All Natural Ice Cream."  On its web site, it carries a "Pledge of Purity," which "means there are only pure ingredients—just natural, delicious taste."  The plaintiffs, however, claim that the milk used by Breyer’s contains "recombinant bovine growth hormone (rBGH), antibiotics and other synthetic ingredients."  The action alleges fraud, breach of contract, and unjust enrichment.

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