Another Popular Ice Cream Brand Files for Chapter 11 Bankruptcy

By: Stephanie Bontorin | Last updated: Sep 03, 2024

Manufacturing issues and tainted ingredients can be some of the biggest causes of small and medium companies losing business and shutting their doors for good. In many cases, if production is stalled or a product is ruined and must be thrown out, a company can lose millions of dollars.

Food and edible products are even more susceptible to being ruined if even one facet of the production line is contaminated, a whole warehouse of items must be destroyed. An ice cream company learned this the hard way and must file for bankruptcy.

Small Mistakes Mean Big Losses

Another company, electric vehicle maker Fisker, filed for Chapter 11 protection in June after all of the 2023 Fisker Ocean vehicles produced through May 2024 were forced to be recalled.

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A white car parked on the side of the road with bushes behind it

Source: @FiskerInc/X

The issue involved door handles that might stick and prevent passengers from getting in and out of the car. The company was forced to recall 12,523 Oceans sold throughout the U.S., Canada, and Europe, and ultimately caused the company to restructure in order to remain afloat.

What Is Chapter 11 Bankruptcy?

A company filing under Chapter 11 of the U.S. Bankruptcy Code is considered a reorganization that allows business to maintain their operations and create a plan to pay back their creditors over a period of time.

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Financial paperwork alongside a booklet with the title “Bankruptcy Chapter 11”

Source: iStock

Chapter 11 filing does not always mean that a company will close its doors, but it is a good indicator that it cannot pay back its current debts with the money that it has in the bank or brings in monthly.

Restaurants Often Use Chapter 11 Bankruptcy

It’s increasingly common for food-based companies and restaurants to use Chapter 11 bankruptcy to keep the company intact while exchanging ownership or restructuring the company to make it more profitable.

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The kitchen of Gordon Ramsay's Petrus in Knightsbridge. Photographed in August 2011.

Source: Nick Webb/Wikipedia

The food category is something that often has tiny margins for profits, so companies can often find themselves in trouble and in need of assistance despite having healthy sales.

Totally Cool Files to Restructure

Totally Cool Inc, a manufacturing company that makes ice cream brands like Friendly’s, Hershey’s Ice Cream, Abilyn’s Frozen Bakery, Keni’s and ChipWich, was forced to file for Chapter 11 bankruptcy protection on August 23.

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A woman is pictured eating an ice cream on a sunny day

Source: Freepik

The company was forced to halt production and distribution after recalling all of its ice cream just two months ago for a potential Listeria monocytogenes contamination.

What Is a Listeria?

Listeria is a bacteria that is commonly found in unpasteurized milk products.

Listeria concept

Source: Freepik

Although healthy adults rarely become ill due to a listeria infection, it can be fatal to unborn babies, newborns, and people with weakened immune systems.

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How Does Contamination Occur?

The contamination usually occurs during a product’s production or packaging if machinery pieces are improperly cleaned.

A large food production line with people working at multiple stations

Source: Arno Senoner/Unsplash

Sometimes, the listeria bacteria comes from the raw ingredients purchased for the products.

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Pasteurized Milk in the United States

Almost all dairy sold in the United States must be pasteurized. However, social media influencers have made raw milk and dairy products more common.

A photograph of a jar of raw milk pouring into a glass in front of dairy cows

Source: Depositphotos

Unpasteurized products can easily be purchased directly from farmers, and although listeria infections are rare, they can be deadly.

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Totally Cool Shut Down Production

The Owings Mills, Md., company filed its petition with the U.S. Bankruptcy Court in the District of Maryland.

Chick-fil-A ice cream

Source: Angel/Pinterest

The company listed $1 million to $10 million in liabilities and $500,000 to $1 million in assets.

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The Recall

The company shut down production and recalled 69 ice cream products across 13 brands.

A blue box of ice cream with yellow lettering

Source: @Snack_Memories/X

The issue was alerted after the Food & Drug Administration sampled a few of the products and found the presence of Listeria monocutogenes. The company then completed a full investigation and took preventative action.

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What Happens to the Recalled Products?

Consumers who purchased the recalled products were encouraged to throw them away and contact the company for a full refund. They could also bring the items back to the store where they were originally purchased for their money back.

A red and brown box for an ice cream roll

Source: @Snack_Memories/X

Although the products were distributed across the country, no illnesses were reported.

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Health Effects of Listeria

Although listeria is not fatal for most healthy adults, it can still cause uncomfortable short-term symptoms.

A sick man wrapped in a blanket on his couch with several kinds of medicine on a glass table

Source: Freepik

Some of the side effects felt after contracting listeria are high fever, severe headaches, stiffness, nausea, abdominal pain, and diarrhea.

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