Facts

In three separate lawsuits, plaintiffs filed suit against Conopco Inc. dba Unilever, and Ben & Jerry's, both of which manufactured ice cream, alleging that defendants made false statements when using "all natural" in their advertisements on ice cream.

PLAINTIFF'S CONTENTIONS:
Plaintiffs alleged that the "all natural" claims by defendants amounted to false advertising in that the ice cream consisted of coca alkalized with potassium carbonate, which is a man-made, synthetic material.

DEFENDANT'S CONTENTIONS:
Defendants argued that Food and Drug Administration regulations preempted the lawsuit.

Result

The parties reached a settlement, under which Unilever will create a $2.5 million settlement fund and Ben & Jerry's will create a $5 million settlement fund. Also, consumers of Breyers ice cream are entitled to receive $2 per package and no proof of purchase is required for the first three claimed packages. Further, defendants will stop using "all natural" on their ice cream products.