No Yogurt In Pinkberry "Frozen Yogurt"
A story that sounds more like an LSAT question than a consumer issue arrived in our inbox today:
It's illegal to manufacture yogurt in a store in California. At "trendy" fro-yo chain "Pinkberry," frozen yogurt is manufactured in store (in California.) Therefore, Pinkberry Frozen Yogurt isn't frozen yogurt. Or is it?
Jamin Katz, manager says: "It is yogurt. It's made with non-fat yogurt. It's healthy for you."
Steve Lyle, CA Dept. of Food and Agriculture says : "The fundamental issue we have with Pinkberry is they manufacture the product on premises."
While Pinkberry and the CA. Dept. of Food and Agriculture work out their differences, Bryan Williams L.A. says (in his lawsuit) that Pinkberry doesn't have all the ingredients of yogurt. He alleges that yogurt without yogurt cultures its not yogurt. According to William's attorney, he's not suing for money. "He simply wants Pinkberry to change its logo, change its signs, and be honest with its customers." Do the customers care?
"As long as no children are hurt in the making of this yogurt, I'll still come," said one unnamed customer. So is it yogurt or not? —MEGHANN MARCO
Lawsuit Claims Pinkberry Isn't Really Yogurt [KABC] (Thanks, J.N.!)
(Photo:Wendalicious)
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Comments:
@Reasonable Doubt for a Reasonable Price: I think I saw this in a Simpsons episode once.
Man... I was hoping I'd be the first to make the reference. Too slow :-(
It's illegal to manufacture yogurt in a store in California
Is there anything you ARE legal to do in the wackjob state?
I mean christ how hard is it to have a inspector oversee production in a store? Its not like it takes a doctorate in food sciences and whiteroom like conditions with people in bunny suits to make yogurt. I know a lot of people who make it at home with no ill effects.
The article in the Los Angeles Times claimed that to be frozen yogurt, the substance must be manufactured off-site and shipped/delivered to the shop. That seems to be a regulation designed to cater to, and to give a major advantage to, big business--no artisinal yogurts allowed in the city of angels.
Of course, having regulations favor bigger businesses/chains is nothing new or shocking. Still, I live two blocks from a Pinkberry and their products TASTES more like actual yogurt than anything produced in a Penguins FroYo factory and shipped to 'retail outlet #27.' So, from my perspective, I just don't care if it isn't frozen yogurt by the California Dept. of Agriculture definition. I'm just as happy buying 'Yogurt-flavored frozen food product.'
Yeah, they offer some interesting toppings.. from fresh fruit to cereal to green tea to the usual stuff you find at a frozen yogurt shop.
I think the guy that started this lawsuit had too much time on his hands. No one really cares if it's yogurt or not. They're not eating it for health reasons. It's a dessert!
@Skeptic: Its not for evil purposes. Its kinda like how your grandma wont let you in on her recipe either. Many prepared foods are like this since it would end up being very easy to then steal emulate and run out the store if the exact ingredients and proportions where known.
You cant trademark or copyright a taste or food product. So you can only copyright the recipe. Its a pretty evil buisness too. Competitors are well known to send in people to try to steal the secrets. When I worked at Dairy Queen/Auntie Annes we where like sworn to secrecy on the batter for the pretzels and most of the ingredients came pre-mixed with no listing to prevent corporate theft. A few of us knew what was in it so we could tell people yeah it had nuts or no it was made with white flour and such, but proportions and makeup as well as actually saying to the letter what was in it as opposed to saying yes and no to someone asking about a specific ingredient they where allergic to was punishable by being fired and then sued for breeching contract.
Only reason I was even allowed to know what was in it was because I was a assistant manager.
@Falconfire: "Only reason I was even allowed to know what was in it was because I was a assistant manager."
Yes, obviously Auntie Anne's is doing a great job at protecting their proprietary secrets if they only let assistant managers know what's in the mix. And I'm sure noone else can concote an overly buttery pretzel dough on their own.
I don't know, I kinda support the idea that bored teenage minimum wage earners shouldn't be allowed to handle bacterial cultures going in my food.
@Beerad: you do realize that across the world, bored teenage minimum wage earners, as well as bored adult minimum wage earners are the ones putting EVERYTHING in your food.
Your statement is one of the stupidest things I have ever heard in my life. Like it makes a difference if someone made it in the back fresh with the proper equipment, vs a assembly line. Its the same people doing it, as long as its being inspected who gives a shit?
One would think that as long as they're using the bacteria that's legal, that it'd be ok to make yogurt on premise. Why not just make there be a specific license to make it at the store? They let businesses brew beer on premise, and the concept of brewing beer and making yogurt aren't all that different.
BTW its not like making yogurt is that hard, or that dangerous.
http://chetday.com/howtomakeyogurt.htm
Yes, obviously Auntie Anne's is doing a great job at protecting their proprietary secrets if they only let assistant managers know what's in the mix. And I'm sure noone else can concote an overly buttery pretzel dough on their own.
@Beerad: Funny you mention Auntie Anne's top secret pretzel recipe. You can get yourself a pretty good version of it at Top Secret Recipes, which reverse-engineers a lot of fast food and restaurant 'secret recipes'.
@ Falconfire, who writes:
@Skeptic: Its not for evil purposes. Its kinda like how your grandma wont let you in on her recipe either. Many prepared foods are like this since it would end up being very easy to then steal emulate and run out the store if the exact ingredients and proportions where known.
You cant trademark or copyright a taste or food product.
Well, that's just too effing bad. I know why manufacturers want to keep food ingredients secret, I just happen to think that the public's right to know what they are eating outweighs the benefits to allowing the ingredients to remain secret.
You can't copyright recipes, either, but that hasn't stopped the cookbook or Cooking TV show industries from growing. I'm sure the restaurant industry can easily survive without trade secret ingredients as well.
I'm pretty sure there was a Seinfeld episode about some low-fat yogurt place whose yogurt turned out not to be low-fat and everybody who ate it gained weight.
@Skeptic: Actually your wrong and right
However, where a recipe or formula is accompanied by substantial literary expression in the form of an explanation or directions, or when there is a combination of recipes, as in a cookbook, there may be a basis for copyright protection.
Which is what is usually the case for those recipes you see out there, which they turn into internal franchise books that depending on how they run things either you pay a lot of money for, or have to protect in a safe or other means.
Not saying that I agree with it though, I also feel consumers have the right to know. But as a smart consumer I ALSO assume that anything Im going to buy at a store like Carvel or Burger King, or even an upscale restaurant is GOING to be bad for me nutrition wise. Thats just the way it is and the way it has always been for hundreds of years now.
I can safely assume that unlike in the early 1900's its not going to kill me outright (as food like hot dogs and other such things actually DID do) but there is not going to be the same nutritional value as something I cook myself.
@ Falconfire who cited:
However, where a recipe or formula is accompanied by substantial literary expression in the form of an explanation or directions, or when there is a combination of recipes, as in a cookbook, there may be a basis for copyright protection.
Indeed, I did not bother to be more specific about whether I meant the ingredients and process for cooking or the exact written instructions as described by specific author in a creative work. I meant the former rather than the latter. Recipes in that sense can't be copyrighted although the specific words used in a cookbook may be copyright to the degree the express the recipe creatively and not factually. The idea and specifics of a recipe are not copyrightable which was my point--anyone can copy a recipe. This fact has not brought the food industry to its knees.
But as a smart consumer I ALSO assume that anything Im going to buy at a store like Carvel or Burger King, or even an upscale restaurant is GOING to be bad for me nutrition wise. Thats just the way it is and the way it has always been for hundreds of years now.
There is more to our choice of foods than whether it is generally toxic or infectious. People may choose to eat foods based on allergies, religion, philosophy, taste, whatever. "Nutrition" is only part of the equation.
@not_seth_brundle:
Your eyes do not deceive you. They also have Fruity Pebbles and Coco Pebbles.
And it is delicious!
I've never been to a Pinkberry, so I have a simple question: do they actually call it frozen yogurt?
Cuz the thing is, I'm looking at their website and I can't find a single instance of the word yogurt -- not on the menu page, the nutritional facts page, nor the products page.
In fact, the only nouns I can find to describe the stuff are "products," "bliss," and "food."
@Falconfire: The artificial and natural flavors being put in it, "natural flavor" is another word for MSG so of course you are going to never get enough. Lots of food producers use MSG and that is why americans are so overweight, they never get enough or th satiation center never lets you know you are full thanks to good ol MSG, it's very bad for us.





















I appreciate the idea that if it says yogurt, it should be yogurt.