New York ice cream aficionado Jenna Marie Duncan has been granted permission to bring her false advertising case against Cold Stone Creamery, a well-known brand which operates in more than two dozen countries, Gothamist reports.

The plaintiff was disappointed after discovering that the “pistachio” ice cream she ordered was artificially coloured and flavoured, and contends that she would not have purchased it if she knew there were no pistachios involved.

If successful, the class-action lawsuit could see payouts of up to $50 for each disappointed customer.

Judge Gary Brown, in a ruling which included various puns, quote from songs about ice cream and reflections on the long history of human consumption of pistachios and ice cream, said the case “raises a deceptively complex question about the reasonable expectations of plaintiff and like-minded ice cream aficionados”.