Big Daddy Ice Cream Class Action Approved
by Anonymous

September 16, 2003---Consumers who purchased Big Daddy Ice Cream between May 1, 1995 and June 17, 2001, are now entitled to receive free ice cream or a cash refund, as well as coupons for discounts on future purchases. The class action lawsuit, which was brought against the DeConna Ice Cream Company, was based on the mislabeling of the product. DeConna sold the product with a label stating that it had only 100 calories and 2 grams of fat per 12 ounce serving, when in fact Big Daddy contained 300 calories and 7 grams of fat per 12-ounce serving.

Class Plaintiffs, consumers who filed the class action lawsuit, sought relief for all consumers that purchased the product during the time period that it was mislabeled. Soon after filing, DeConna admitted that the product was mislabeled, and later corrected the label. After a year and a half of litigation, which including many depositions, hearings, and motions, as well as two full days of mediation, the parties reached a settlement. On September 9, 2003, Broward County Circuit Court Judge Jeffrey E. Streitfeld granted final approval to the settlement.

Class members that have, and timely submit in accordance with the claims procedure, a receipt(s) for the purchase of Big Daddy during the class period will receive, at the class members’ election, a full refund or coupons for two (2) free cups of Big Daddy for each cup purchased. Class members that no longer have their receipts are eligible to receive two (2) free cups of Big Daddy for each cup purchased, up to a maximum of twelve (12) free cups. All class members that submit claims will also receive four (4) coupons for $0.25 off the purchase of single cups of Big Daddy. Consumers can obtain claim forms by visiting www.wklawyers.com or by contacting counsel for Plaintiffs, Howard A. Tescher, Esq. of Tescher, Lippman and Valinsky, and Marc A. Wites, Esq. of Wites & Kapetan, P.A.

In addition, DeConna submitted to a voluntary and permanent injunction that enjoins future mislabeling of Big Daddy and all other products, and must submit Big Daddy for testing on a quarterly basis for a term of three (3) years to confirm the accuracy of Big Daddy’s label.




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