A state judge has melted part of a lawsuit brought by an ice cream proprietor against a TV reporter who claimed the treats were not as guilt-free as advertised. Fox 5 reporter Arnold Diaz, known for his recurring “Shame on You” segment, said in a May report that the ice cream offered by two regional D’Lites stores contained more calories, fat and sugar than advertised.
Matthew Prince, a sub-licensee authorized to sell D’Lites, sued Mr. Diaz and Fox Television even though his Long Island stores did not appear in the report. Mr. Diaz mentioned the stores were set to open. Mr. Prince and his company alleged seven causes of action, including defamation and disparagement of goods. Fox’s lab reports were inaccurate, he argued, because the labs were gauging the nutritional content of melted ice cream instead of frozen product injected with air. Fox argued the defamation claim should be dismissed because the report was not specifically about Mr. Prince’s stores.
