Photo : Kirk McKoy ( Los Angeles Times via Getty Images )

Yes, we live in a litigious society, but this seems over the top even for a country known for stupid lawsuits: Queens resident Josh Berger is suing low-calorie ice cream Halo Top for deceptively luring him into a delicious predicament. He purchased the Halo Top not realizing it was diet-brand ice cream, despite the fact the the calories are displayed prominently on the front of the pint carton. The New York Post reports the tragic story: “When Berger dug into the $6.99 pint, he was bummed to find that it was harder and less creamy than the regular ice cream he was hoping for.” Consequently, Berger is suing Halo’s parent company, Eden Creamery, for “false, deceptive, and misleading” labeling, saying that the “light” designation was not prominent enough (even though the calorie count was.)


Just having a hard time getting around that: Did Berger think that this was some sort of magic ice cream that was regular full-fat and still only 320 calories a pint? How would that be possible? Berger even takes issue with the brand name, saying that “halo” implies yellow, “a color associated with butter and cream.” We’re having a hard time believing that Berger somehow found a lawyer to represent him, but hope that whatever poor judge gets assigned this case laughs it right out of the courtroom.