updated 5/19/2011 5:46:04 AM ET 2011-05-19T09:46:04

WOODBURY, N.Y. and WEST CALDWELL, N.J., May 19, 2011 (GLOBE NEWSWIRE) -- D'lites ice cream stores in Woodbury, NY and West Caldwell, NJ today announced they have filed a Complaint in the Superior Court of New Jersey against Fox 5 News, its parent company News Corp and their investigative reporter, Arnold Diaz. D'lites, a low-fat ice cream chain, in its Complaint claims that Fox 5 News knowingly made defamatory and slanderous statements of fact including but not limited to: the D'lites' locations in question were "selling a lie," "lying to customers," "advertising something that's not true," and that D'lites' products were "not low carb," and "not low sugar," and that Mr. Diaz knowingly relied upon inaccurate "lab reports," which he intentionally published and reported.

In a May 12, 2011 TV segment, Arnold Diaz reported lab test results that showed the calorie, carbohydrate, fat and sugar content of D'lites products which were not consistent with the chain's advertised nutritional information.

What Diaz omitted from his broadcast was that his own testing laboratory had submitted a supplemental report that contradicted Diaz's initial claims. The Complaint contends that Diaz knowingly reported the inaccurate lab results to third parties, including customers and/or potential customers of D'lites, and confronted customers as well as Magda Abt, owner of D'lites in Woodbury, in an alarming and reckless manner.

"Diaz's and Fox 5's conduct of knowingly broadcasting false facts was egregious and unlawful," said D'lites' attorney and noted litigator, Marc J.Gross, Esq., in his 16 page formal complaint, seeking punitive and compensatory damages. Gross added, "We intend to hold Fox accountable to the fullest extent under the law."  

D'lites has published Fox's supplemental lab test results on its website, Facebook page and storefront. It also intends to meet individually with customers and employees to help them understand the nutritional information of all their products.

"We want to assure our loyal customers that our products are healthy and comply with our mission to offer the finest selection of products to meet their dietary needs," said Magda Abt. "We also want to thank our customers for their ongoing support while we rebut these incorrect claims."

D'lites encourages its customers to visit the Woodbury locations website at www.tristatedlites.com , and their Facebook page for updates. For more information please visit the corporate website at www.dlitesemporium.com .

Almost 30 years ago D'lites low fat ice cream was created.  In response to open heart surgery at age 32, Susan Corsover, the founder, realized she had a second chance at life.  Having a love for ice cream, but now with dietary restrictions, Susan invented what had never existed at that time, a delicious, low fat, cholesterol free, low carb, low sugar ice cream.  Over the next 29 years the product grew in popularity to over 20 stores in the South.

In 2010, a couple who lived in New York, a Cancer Surgeon with Diabetes, and a Gluten-Sensitive Entrepreneur, shared the same craving for D'lites, and brought the product to the Tri-State area. Their first store opened in 2010 in Woodbury, NY with rave reviews.

The D'lites logo is available at http://www.globenewswire.com/newsroom/prs/?pkgid=9719

For all media inquiries please contact Lisa Stern at 516-362-3955 or dlitesmedia@gmail.com.

CONTACT: Lisa Stern

© Copyright 2012, GlobeNewswire, Inc. All Rights Reserved


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