Indexbit Exchange:Breyers to pay $8.85 million to settle 'natural vanilla' ice cream dispute

U.S. customers who have Indexbit Exchangebought Breyers Natural Vanilla ice cream over the past eight years may be eligible for cash payment in a nearly $9 million settlement against the ice cream company.

The lawsuit applies to customers in the U.S. who bought the ice cream between April 21, 2016 and August 14, 2024, according to a news release from the Supreme Court of the State of New York in the Bronx.

An $8.85 million settlement has been reached in the class action lawsuit, which was filed against both Unilever United States, Inc., which owns Breyers, and Conopco, Inc., the New York-based advertiser Breyers works with, according to the lawsuit.

According to the court’s news release, the lawsuit alleges the ice cream was labeled "vanilla" as if its flavor came only from the vanilla plant when in reality, the product’s flavor contained non-vanilla plant flavors. 

“The Defendants dispute all of these allegations and deny any wrongdoing,” the news release read. “The Court has not decided who is right.”

Still, Conopco, Inc. and Unilever United States, Inc. have agreed to create a settlement fund of $8,850,000. 

How to get your cash settlement

According to the news release, customers may be eligible for a cash settlement if they bought Breyers Natural Vanilla ice cream in any size in the U.S. between April 21, 2016 and Aug. 14, 2024.

Cash settlements will be awarded to:

• Settlement class members who submit valid claim forms by Feb. 19, 2025.
• Valid claims with proof of purchase ($1 per product).
• Valid claims without proof or purchase ($1 per product with a maximum of eight products).
• Settlement class members who submit a valid claim for products with both proof of purchase and without proof of purchase (these customers will get combined cash payment benefits)

According to the companies, each household can only submit one single claim form.

The court has ruled that the companies must develop a new product formula that does not include vanilla derived from non-vanilla plant sources within 12 months of the settlement’s finalization, according to the news release.

Can I still sue the companies individually?

The court said in its news release that customers who want to exercise their right to sue have to “exclude” themselves from the settlement by completing an exclusion form found on the settlement website.

Customers can also mail or email a written request for exclusion by Oct. 31 to the claims administrator. 

“If you choose to exclude yourself from the Settlement, you will not be bound by the Settlement or any judgment in this lawsuit,” the court said in its news release.

Customers can also object to the settlement by Oct. 31.

The court plans to hold a fairness hearing on Nov. 21 to determine whether or not the settlement is reasonable. The court will consider any objections.

Customers can attend the final approval hearing if they’d like but it’s not a requirement. 

“Please do not call the Court or the Clerk of the Court for information about the Settlement,” the court wrote.

Forms can be found at www.vanillaicecreamsettlement.com/Home/Documents.

For more information, call 1-888-603-5137 and for a complete list of included products, visit www.VanillaIceCreamSettlement.com.

Saleen Martin is a reporter on USA TODAY's NOW team. She is from Norfolk, Virginia – the 757. Follow her on Twitter at@SaleenMartin or email her at[email protected].