A mom-and-pop shop outside of Boston won a $725,000 award Friday after a federal jury determined a supplier for its frozen desserts delivered a subpar product.
Chris and Paula White’s 600 lb. Gorillas entered the ice cream sandwich business in 2008.
But in 2011, it shifted production of its ice cream to Mister Cookie Face, specifying it contain at least 14 percent butterfat.
BJ’s Wholesale Club, Costco and Walmart picked up the dessert.
But in 2014, customers started asking if 600 lb. Gorillas had changes its recipe.
They called the “new” formulation “icky tasting,” “very thin” and, worst of all, “like non-dairy ice cream,” 600 lb. Gorillas claims in the suit it brought against Mister Cookie Face.
The ice cream supplier deflected questions about quality changes, blaming them on loading-dock delays and the use of too-dry cookies, which “were depleting moisture from the ice cream.”
But lab tests revealed Mister Cookie Face really was to blame.
“Several of the samples were in the 10 percent butterfat range, with one sample at 6.84 percent,” 600 lb. Gorillas’ suit contends.
“This conduct increased [Mister Cookie Face’s] profits, but caused significant harm to 600 lb. Gorillas’ business.”
The harm was so great it forced 600 lb. Gorillas into “hibernation,” Chris White testified.
The jury agreed but awarded the Whites only 20 percent of the $3.9 million sought for breach of contract. It also ordered them to pick up the tab for $270,000 in unused inventory it left with Mr. Cookie Face.