McDonald's Tries To Melt Ice Cream Buyer's Vanilla Fraud Suit

Law360, San Francisco (February 18, 2021, 9:57 PM EST) -- McDonald's Corp. urged a California federal judge Thursday to throw out claims that reasonable consumers expect its vanilla ice cream cones to be flavored exclusively with vanilla beans, but the judge expressed discomfort with making assumptions at the motion to dismiss stage about what reasonable consumers might expect.

Counsel for McDonald's, Sarah L. Brew of Faegre Drinker Biddle & Reath LLP, told U.S. District Judge Richard Seeborg during a hearing Thursday afternoon that the claims against the "quick service" restaurant should be dismissed with prejudice since no one expects pure vanilla in its soft serve ice cream cones that sell for...

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