Tyra Banks' SMiZE & DREAM Dessert Product, Initially Launched as 'Hot Ice Cream,' Has Undergone a Name Change to 'Hot SMiZE Cream' Following an Investigation by the NSW Food Authority.
Initial Launch and Product Description
The product, described by Tyra Banks as "ice cream that you can drink," was introduced in Sydney. Banks clarified that it was distinct from melted gelato, microwaved ice cream, lattes, or crème anglaise.
"ice cream that you can drink"
Early consumer feedback described the product's taste and temperature variably.
Australian Food Standards: Defining "Ice Cream"
Australian food standards define "ice cream" as a "sweet frozen food" made from cream or milk products, generally aerated, and containing specific levels of milk fat and food solids.
The 'Hot Ice Cream' product was not frozen, raising questions about its adherence to this definition.
NSW Food Authority Investigation Initiated
Following inquiries, the NSW Food Authority dispatched an inspector to SMiZE & DREAM. The initial investigation found that while physical in-store labeling for the product, branded "Hot Mama," did not refer to it as ice cream, the in-store ordering application did.
The Authority engaged with the business to ensure consistency in its labeling and ordering system. A subsequent investigation confirmed that changes were being implemented after an initial warning was not fully actioned by management.
Renaming and Commitment to Compliance
In response to the regulatory scrutiny, SMiZE & DREAM changed the product's name to "Hot SMiZE Cream." The company has also committed to using plain packaging once existing "hot ice cream"-labeled cups are depleted.
References to "ice cream" for the product have also been removed from the brand's international website. SMiZE & DREAM stated the name transition was to "lean further into our brand voice" and affirmed their commitment to accurate food labeling and marketing.
Broader Implications for Online Food Labeling
Sharon Givoni, a lawyer specializing in food standards, noted a current legal gap concerning online food sales and marketing regulations, as existing standards primarily focus on physical labeling and packaging.
Givoni emphasized the importance of clear food standards for consumer protection, ensuring consistency, facilitating informed health and nutrition decisions, and mitigating allergen risks.
While advertising permits some exaggeration, objective product descriptions must remain accurate.