Defendant’s vanilla bean ice cream contains specks of vanilla bean. Plainitff alleges that the specks contain no flavor, and that the vanilla flavor is derived from vanillin and synthetic vanillin. IT might be the case that very little of the flavor comes from the vanilla beans as opposed as from the extracts, but there is no plausible allegation that there is a material misrepresentation as to the percentage of the flavor that comes from vanilla beans. Case dismissed.

vanilla bean labeling sdny decision