Did you buy Nestlé Drumstick cones believing they were ice cream?

The complaint alleges that:

• Drumstick was sold as ice cream for decades, beginning in 1928.
• By 2009 the recipe was changed. Milkfat was replaced with vegetable oils such as coconut and palm oil, and the product no longer met the federal standard for ice cream (21 C.F.R. 135.110).
• The box now says "frozen dairy dessert" in small type, but the product is still presented as ice cream on icecream.com, in retailer listings, in the ice cream aisle, and in branded freezers.
• Consumers paid an ice cream price for a product that is not ice cream.

These are allegations, not findings of wrongdoing. No class has been certified.

Anyone in the United States who bought Drumstick cones at retail for personal or household use. The case currently seeks to represent Florida purchasers under Florida law and all United States purchasers on a claim for unjust enrichment. We are also speaking with purchasers in other states, including New York and California.

Complete the short form. Tell us where and when you bought Drumstick, and upload any receipts, delivery app order histories, or photos if you have them. Receipts are helpful but not required. Submitting the form does not make you a client and does not create an attorney-client relationship. We will review your submission and contact you.

This case is handled on a contingency fee basis. No recovery, no fees or costs.

Josef Timlichman, Esq., Josef Timlichman Law, PLLC. Based in Hollywood, Florida. Serving clients throughout Florida. Telephone 305-748-3789. Meetings by appointment only.