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Apparently, it’s not necessary to actually taste an ice cream bar to determine its true contents — at least not for the U.S. Court of Appeals for the Federal Circuit. The court decided that Haagen-Dazs’ sorbet and yogurt bars (which the company bills as “truly an indulgence you can feel good about” — so, really, the judges could have done a little recreational sleuthing, trial court evidence notwithstanding) are in fact not predominately sorbet, as the company had claimed. What’s at stake? The imported bars rack up higher tariff fees if they are mostly composed of a milk base. Chief Judge Paul Michel, who wrote the Dec. 15 opinion, says he had to give deference to the trial court — to which Haagen-Dazs made available samples of the bars. To him it’s just another tariff case: “We hear about everything under the sun, from food to plywood.”

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