The lawyer who has filed dozens of lawsuits over vanilla is now facing a fight from one of his biggest targets according to a report in Legal Newsline. On Jan. 15, McDonald’s asked a federal judge to throw out a lawsuit filed by Spencer Sheehan of New York.
His lawsuit against McDonald’s concerns vanilla soft serve ice cream cones. The company notes that a number of recent decisions that says no “reasonable consumer” would require vanilla products to be made the way Sheehan says they should be. Sheehan, the article says, has already filed over 100 vanilla-related lawsuits.
The “plaintiff alleges, based only on the words ‘vanilla cone’ on some McDonald’s menus, that consumers believe the product is ‘flavored only with vanilla’ derived from the vanilla plant,” the motion to dismiss says. “No reasonable consumer would make that leap. A reasonable consumer ordering a soft serve cone at a quick-service restaurant understands, based on experience and common sense, that the term ‘vanilla’ on the menu board refers only to the flavor, not the ingredients.”