"Healthy" Ice Cream Shop Sues After Fox News Exposes Calorie Discrepancy
Intrepid Fox 5 reporter Arnold Diaz has given us SO MUCH great television with his "Hall of Shame" investigative reports, and what does he get in return for all his dedication to shame? Legal troubles... which we suppose is only to be expected. Last month Diaz confronted Magda Abt, an operator of three D'Lites Emporium ice cream stores on Long Island. With cameras rolling, Diaz attempted to present her with lab results suggesting her "low calorie" frozen dessert contained far more calories and carbs than advertised. Thankfully, Abt's brother soon arrived on the premises to entertain us all, the Strong Island way:
The lawsuit contends that "Diaz and his cohorts proceeded to pursue Abt towards the D'Lites storefront whereupon Diaz began to shout—so as to make certain that others nearby could hear—that D'Lites was 'selling a lie.'" The lawsuit also claims that the lab tests commissioned by Fox 5 were conducted on unfrozen, concentrated ice cream mix, and that "the only fair way to accurately measure the nutritional value of D'Lites' ice cream is to measure the volume of the ice cream product in its frozen state as served to the customer."
But if you watch Diaz's eight minute "shame" segment—and you should!—it appears that Diaz bought samples at the store and took them directly to the "independent" lab, which determined that, among other things, a small serving of chocolate D'Lite had up to 245 calories, not the 50 calories advertised. Diaz concludes that the discrepancy arises from D'Lite employees cramming over four times the amount of ice cream into those little cups than the advertised "serving size."
HOWEVER! Reuters reports that the laboratory used by Diaz's team later issued a supplemental report that agreed with D'Lites' own nutritional claims, and the lawsuit claims that Fox 5 knowingly used the first set of results all for the sake of sensational television. Even if that's true (and how dare they besmirch Fox 5's reputation with such sordid allegations!) wow was it worth it! Fox 5 and News Corp., which is also named in the lawsuit, are standing by their shame man for now—because if they settle, the Drunken Negro Face Cookie cookie man is sure to smell blood in the water.
Contact the author of this article or email tips@gothamist.com with further questions, comments or tips.
This is a *CASE STUDY* in how *NOT* to behave in the middle of an expose, especially if you are guilty!
Guest
I love this Seinfeld episode
Kramer hooks up with the Scientist Eliane has Lloyd Brawn recommend to Mayor Dinkins that every New Yorker should wear name tags Jerry teaches kids to swear
No one wants to talk about how sweet the brother is? He's has a fantastic accent.
Why is he so fired up about this?
whitecastlerock
Riveting journalism. Arnold Diaz is right up there with Cronkite...
Eric Bringslid
When did this company claim that a small size was one serving? It was just assumed by people.
Look at the serving sizes on any food, a Can of Campbell's soup is supposedly 2½ servings per can!That being said, that woman's brother is batshit crazy.
Dirk
I loved it when the guy chest bumped Diaz and was like "I didn't touch you".
clipper321
His favorite flavor is tutti frutti by the sound of it.
Perhaps if the American public education system hadn't been gutted by eager beaver tax cutting politicians, the average American would know how big a 1/2 cup serving should be.
Guest
Yeah, blame it on tax cuts instead of mismanagement of available funds.
If I buy a 20 oz bottle of soda and the caloric information claims a serving is 150 calories but I drink the whole bottle, is it the soda companies fault that the 20oz bottle is 2.5 servings, or is it mine for not bothering to read the label?
But yes, I suppose it really is tragic that the hefty suburban women ordering ice cream didn't stop and think that the six inch tall pile of ice cream might be more than a 1/2 cup.
jza1218
The difference is that there's a label that clearly defines the servings on your bottle of soda.
When you go into an establishment and order something specific the onus is on the vendor to provide something as accurate as possible to you. If you order a small that's advertised as 50 calories that's what you should expect to get. Now if they mention to you "Oh, I added on an extra few servings for you", then it'd be fine but they deliberately are misleading the customer into thinking that the small they give you is the same calorie count as they small they list on their signage.
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