New York Woman Goes ‘Nuts’, Sues Ice Cream Company Over Pistachio Problem

A Long Island woman has filed a lawsuit against the ice cream company, Cold Stone Creamery.

Stop laughing, I'm being serious!

Let me set the scene for you: in 2022, Jenna Marie Duncan stepped foot inside a Cold Stone location in Levittown, which is located on Long Island. Duncan approached the counter, and ordered pistachio ice cream.

It was that choice of ice cream, however, that has led to one of the most groundbreaking legal cases of our generation.

Okay, maybe it's not that serious, but it's still pretty interesting.

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Per NBC News, Duncan visited the Cold Stone website after her trip to the store, and it was then when she learned that pistachio ice cream is not made with real pistachios. Rather, it's made with a mixture of processed ingredients that create a pistachio-like flavor.

READ MORE: THIRTY of the Most Bizarre Laws That Still ‘Exist’ in New York Today

In the lawsuit that she subsequently filed, Duncan said this, “When consumers purchase pistachio ice cream, they expect pistachios, not a concoction of processed ingredients."

U.S. District Court Judge Gary R. Brown rendered a ruling that allowed Duncan's suit to continue. He believed that Duncan’s alleged claims of deceptive practices under New York’s General Business Law “are plausible on their face” when it comes to the pistachio ice cream she purchased.

He also added that the state’s law prohibits “deceptive acts and practices in the conduct of any business, trade or commerce or in furnishing of any service."

Kahala Franchising LLC, which owns the Cold Stone in Levittown and over 1,000 locations in total, sought to dismiss the case, but their efforts were thwarted.

More updates to come, as this lawsuit seems poised to get a bit more...nuts...in the weeks to follow.